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TN/C/M/45  
 
31 May 2023 
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Trade Negotiations Committee  
19 April 2023   
 
MINUTES OF MEETING  
HELD IN THE CENTRE WILLIAM RAPPARD ON 19 APRIL 2023 
Chairperson : Dr Ngozi Okonjo -Iweala  (Director -General)  
Contents1 
 
1   INTRODUCTORY REMARKS BY THE CHAIRPERSON  ................................ .....................  1 
2   REPORTS BY THE CHAIRPERSONS OF THE BODIES ESTABLISHED BY THE TNC  ..........  1 
3   REPORT BY THE CHAIRPERSON  ................................ ................................ ..................  5 
4   STATEMENTS BY PARTICIPANTS  ................................ ................................ ................  9 
 
1  INTRODUCTORY REMARKS BY THE CHAIRPERSON  
1.1.  The Chairperson  welcome d delegations to the forty-fifth meeting of the T rade Negotiations 
Committee (TNC)  and to the Informal Heads of Delegation  (HoDs) meeting  – and wished Eid 
Mubarak2 to all those celebrating. She recall ed her communication  of 5 April to Heads of Delegation 
in document ICN/TNC/1 , which had provided further details about how she intend ed to conduct the 
meeting. This was not new, as she had always sent a detailed communication beyond the 
"traditional" TNC Airgram. What was new was that th is communication now carrie d a document 
symbol – the ICN/TNC series, with ICN standing for "Informal Convening Notice". This was available 
on the WTO's Documents Online website and was intended to assist delegations to track convening 
notices over time. She stress ed that  the ICN/TNC notice was to be read in conjunction with the 
traditional TNC Airgram. This was another small step tak en to respond to the request  for clearer 
access to information and clarity about the matters to be taken up during  these  meetings. She hoped 
that this could assist  Members  to better prepare for meaningful exchanges . 
2  REPORTS BY THE CHAIRPERSONS OF THE BODIES ESTABLISHED BY THE TNC  
2.1.  Ambassador Zhanar Aitzhanova (Kazakhstan) , Chairperson  of the Special Session of the 
Council for Trade in Services  (CTS SS) , reported that  the CTS SS  had held an open -ended informal 
meeting on 13 March. Its main purpose had been  for her to report on consultations undertaken with 
delegations since the end of 2022.  Her detailed report  had been circulated in JOB/SERV/TN/1 . In 
the consultations, she had sought views on furth er work, taking account of the exploratory 
discussions conducted since MC11, as well as the text on services endorsed by Ministers at Twelfth 
Ministerial Conference (MC 12), which figured in Paragraph 10 of the MC12 Outcome Document.  In 
the consultations, she had  heard a good level of interest in, and openness for, further exchanges 
and deliberations in the Special Session on issues relevant to its mandate. Not surprisingly, some 
delegations had limited appetite for negotiations at this juncture, and this had coloured their view 
of further work. But many delegations  had appeared to have interest in using the CTS SS to discuss 
 
1 The Reports by the Director -General , including as  TNC Chairperson, the Chairperson of the General 
Council and the Chairpersons of the CTS SS, NGR, CTD SS and CoA SS can also be found in document 
JOB/TNC/108 . 
2 Throughout the meeting, the Chairperson of the General Council, the Chairpersons of Negotiating Groups 
who reported and delegations likewise wished all those celebrating, Eid Mubarak.  TN/C/M/45  
 
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  relevant issues.  Regarding exploratory discussions, many of the delegations consulted had 
expressed appreciation for the papers and focused exchanges on different sectors and had hoped 
that those discussions could continue. She had  also heard interest in discussing issues mentioned in 
the MC12 Outcome Document, in particular the need to increase the participation of developing 
countries in global services trade, including by paying attention to sectors and modes of supply of 
export interest to them.  At the meeting, two sugg estions had been  put forward : (i) to conduct 
preparatory technical discussions on sectors and modes of export interest to developing countries 
and (ii) to undertake an exchange of information on Members' R egional Trade Agreement (RTA)  
practices and autonom ous liberalization in the area of trade in services. Support had been  voiced 
for these suggestions at the meeting, and, in her concluding remarks, she had  noted that the Special 
Session would pursue further work in those areas. She had  encouraged delegatio ns to make 
submissions in order to focus exchanges and would consult further to facilitate the organization of 
discussions.  
2.2.  Ambassador Einar Gunnarsson (Iceland) , Chairperson  of the Negotiating Group on Rules 
(NGR) , recalled  that since his last report to t he TNC, the NGR had  held its first Fish Week during the 
week of 20 March. He was  pleased with the tone and substance of that week and thank ed all 
Members for their active and constructive engagement. He had  organi zed delegations into four small 
groups focu sing on overcapacity and overfishing  (OCOF)  and related special and differential 
treatment  (S&DT) . The four small group meetings had been  well attended  – with delegations being  
provided an opportunity  to listen in on the sessions in which they had not been active part icipants. 
As a result, more than 400 delegates had follow ed the discussions in listening mode. He had been  
pleased to hear that Members were satisfied that the working method provided transparency and 
inclusiveness.  The NGR  would continue to explore this and other methods to facilitate meaningful 
engagement, whenever possible  – and a ny feedback or recommendations was welcome.  A detailed 
report at the closing plenary of the Fish Week had been circulated on 27 March. He noted that 
Members remain ed committed to concluding the second wave of negotiations by the Thirteenth 
Ministerial Conference ( MC13 ) and to try their best to have the Agreement on Fisheries Subsidies 
concluded at the MC12 enter into force by MC13. On the substance, the re seem ed to be broad and 
strong convergence for having meaningful disciplines on tackling harmful subsidies that contribute d 
to OCOF  with strong focus from many on targeting subsidies to large -scale industrial fishing while 
safeguarding livelihood fishing . There were a lot of ideas and conceptual thinking around these and 
other issues. For the first Fish Week, the NGR  had tried to tackle the "why" and the "what" of the 
second wave of negotiations  – specifically on what Members  wanted to get out of th e second wave 
of negotiations bearing in mind the MC12 ministerial mandate.  
2.3.  As the next logical step, the second Fish Week w ould be the beginning of discussions on how 
to get to the result Members  wanted. To stimulate Members' thinking on this, he had circulate d the 
following questions for reflection:  
a. First, how should Members  best approach making operational the prohibition on subsidies 
contributing to overcapacity and overfishing? Delegations could  consider the extent to 
which the approaches and elements in WT/MIN(22)/ W/20  and WT/MIN(21)/ W/5 would be 
appropriate and sufficient . 
b. Second, how should the disciplines on subsidies contributing to overcapacity and 
overfishing address subsidies to large scale fishing, including fishing in distant waters; and 
what considerations, criteria and principles were rel evant to disciplining such subsidies . 
c. Third, how should the disciplines on subsidies contributing to overcapacity and overfishing 
address small scale or artisanal fishing, and what considerations, criteria and principles 
were relevant to providing appropri ate and effective flexibilities for subsidies to such 
fishing for developing and least -developed Members?  
2.4.  While noting that it would be most productive to maintain a somewhat conceptual focus in the 
discussions, he had  also thought it could be helpful to M embers to have as reference a paper pulling 
together the elements in WT/MIN(22)/W/20  and WT/MIN(21)/W/5  that were not somehow reflected 
in the current Agreement on Fisheries Subsidies. These had been  circulated as Annexes to his 
communicatio n convening the second fish week.  As he had  mentioned, Members had  heard a lot of 
ideas during the first Fish Week. If they wished  those ideas to inform discussions of how, concretely, 
to shape the disciplines, this was the time to share them in writing. A s he had said before, Members  
needed to have a basic negotiating text by the summer brea k so they could  fully engage on text -TN/C/M/45  
 
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  based negotiations in the fall. That should give them the best chance to resolve all issues in Geneva 
before MC13 rather than leavi ng things for Ministers to resolve under pressure on site. He knew that 
this was the collective goal. He had encouraged  Members that want ed to advance specific ideas for 
consideration by the Negotiating Group to table  them as soon as possible.  
2.5.  Regarding  his consultations with Members on the technical question of developing the 
necessary instruments that w ould be used by the Committee on Fisheries Subsidies, such as working 
procedures, notification templates, and other documentation , all Members with whom he had  spoke n 
considered it important for this technical work to start early enough in order  not to get  caught short 
when the Agreement enter ed into force. While some delegates were ready and eager to start working 
on this right away, others had suggested w aiting a bit longer. A shared view had been  expressed 
that this technical work should be done outside of Fish Weeks so as not to distract attention from 
the negotiations. He would continue to reflect and consult on the appropriate modalities and timing 
for this important process. In the meantime, he encourage d Members  to continue thinking and 
speaking with each other about how they could approach this work relating to the practical operation 
of the Committee on Fisheries Subsidies.  He looked forward to another productive Fish Week . 
2.6.  Ambassador Kadra Ahmed Hassan (Djibouti), Chairperson  of the Special Session of the 
Committee on Trade and D evelopment (CTD SS) , recall ed that she had reported at the TNC meeting 
in February on the circulation of a new submission by the G90. The CTD SS had thereafter held a 
formal meeting on 20 March  for Members to consider that submission.  She thanked the Direc tor-
General  for participating at that meeting and successfully setting the stage for a more positive and 
constructive discussion.  At the meeting, the G90 had introduced its new submission, which  provided 
additional explanations and rationale for each of the ten Agreement -specific proposals (ASPs) 
building broadly on the earlier submissions by the proponents. In terms of process, the submission 
had proposed a series of formal CTD SS meetings dedicated to focused, technical discussions on the 
ten ASPs in the lead up to MC13. These formal meetings would be compl emented as necessary by 
informal open -ended meetings and technical workshops with participation of experts from relevant 
international organizations. It had also been suggested by the G90 that the next C TD SS meeting 
be dedicated to substantive discussions on the two ASPs relating to the SPS and the TBT Agreements.  
In addition, the G90 had called on Members to provide substantive proposals to facilitate the 
technical discussions in the CTD SS. It had been  further indicated that the G90 would be shortly 
submitting textual proposals to kick start the upcoming discussions in the CTD SS.  
2.7.  It was encouraging to note that the CTD SS had been  able to agree on the process put forward 
by the G90 to advance work on the ten ASPs. Members had expressed willingness to engage in 
future negotiations  and had  recogni zed the importance of sustaining the momentum offered by the 
renewed MC12 mandate on S&DT and the recent development retreat by the General Council in the 
conte xt of WTO Reform. Nevertheless, some of the well -known positions and concerns of Members 
on G90 proposals had been  reiterated. It had also been stressed that Members should aim to avoid 
repeating discussions on the ten ASPs that had taken  place in past CTD  SS meetings. She thank ed 
all delegations that had participated at that meeting especially those who had suggested several 
new proposals on ways to make the process more productive. She was  reflecting on how the new 
ideas could feed into the agreed process , and would continue reaching out to Members to seek their 
views. Overall, she was encouraged by the constructive engagement and the expression of readiness 
by Members to continue the discussions on the ten ASPs in the CTD SS. She had  detected a positive 
evolution in Members' views on approaching the S&DT work in the CTD SS.  Her assessment was 
that the impulse by Ministers at MC12 on S&DT and the development retreat had triggered renewed 
interest and willingness among the Membership to deliver on S&DT issue s. The same level of 
engagement would be needed if Members were to ultimately conclude the negotiations on the ten 
ASPs in the CTD SS.  
2.8.  Concerning  next steps, the G90 was currently finali zing its textual proposals on two ASPs 
relating to the SPS and TBT Ag reements. A meeting of the CTD SS w ould be convened once the 
textual proposals were tabled by the G90. In the meantime,  informal discussions wi th delegations 
on structuring the work in the CTD SS in line with the agreed process w ould continue. She recall ed 
the importance of advancing the work on S&DT proposals in the CTD SS . As the Director -General 
had said at the previous  CTD SS meeting , "unblocking the negotiations in this body could permit 
other potential discussions on S&DT to proceed in a more construc tive and solutions -oriented 
manner". She therefore call ed on all Members to actively participate with the same constructive and 
collaborative spirit in the next phase of work in the CTD SS, with the objective of finding solutions 
on the S&DT issues. Materi alizing necessary political will in the process would be critical. She hoped TN/C/M/45  
 
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  that Members' positive attitude that had guided the m to agree on the process at the previous  CTD 
SS meeting would endure  in their future engagements in the CTD SS on the substanti ve issues.  
2.9.  Ambassador Alparslan Acarsoy (Türkiye), Chairperson  of the Special Session of the Committee 
on Agriculture (CoA SS) and the Sub Committee on Cotton , recalled that, s ince his last report on 28 
February, Members  had another meeting of the CoA Spec ial Session on 31 March. It had been  
preceded by three seminars on food security, public stockholding and domestic support and by the 
dedicated sessions on Public Stockholding  for Food Security Purposes  (PSH) and Special Safeguard 
Mechanism  (SSM). He thanked the  Director -General for making time to attend part of those 
meetings . Her statement to the Membership had been  highly appreciated.  He was  encouraged by 
the level of engagement demonstrated by Members and by t heir willingness to explore more effective 
ways to bridge gaps in negotiating positions and rebuild trust.  He was also encouraged by the fact 
that Members had shared the same objectives in the negotiations as regards the fulfilment of the 
United Nations Su stainable Development Goals ( UN SDGs ) and those set out in Article 20 of the 
Agreement on Agriculture.  Members'  discussions had confirmed the centrality of food security in 
their priorities , and their shared willingness to get an outcome at MC13 that would  contribute to 
enhancing both short -term and long -term food security in its various dimensions  – building on the 
emergency response to food insecurity agreed upon at MC12.  But these  discussions  had also 
confirmed the close relationship between the discussi ons on food security and other topics under 
negotiation, including PSH, domestic support, market access and export restrictions, in respect of 
which there were wide divergences in Members' negotiating positions. With this background, the 
central question t o be addressed was on how to  translate this engagement and these shared 
aspirations into concrete steps going forward to deliver a meaningful outcome on agriculture at 
MC13.   
2.10.  From a process point of view, three complementary components c ould be identified:  seminars, 
technical work and text -based discussions . The feedback received during the meetings of the CoA  
SS and dedicated sessions, as well as during further exchanges with various delegations had 
confirmed the usefulness of the three seminars held on 29  and 30 March. The overview presentations 
by international organi zations and the sharing of experiences by a select group of Members had 
provided valuable information and ideas which Members could reflect on going forward. They  had 
triggered focused and in teractive exchanges – confirm ing the complexity of the topics deal t with. 
Based on the positive feedback and following requests by some delegations, he would organize the 
next two seminars on export restrictions and market access in the margins of the next  CoA SS 
meeting in early May.  He stood ready to organize more events of this kind in the coming months 
upon Members' request as they were deemed useful in informing the negotiations.  He had also  heard  
calls for more evidence -based work on some technical issues, including external reference prices 
used in calculating market price support and the different ways of analysing  domestic support. 
Working on a without prejudice basis on such technical issues ba sed on Members' suggestions and 
inputs, with the support of analytical work by relevant international institutions could be  useful for 
Members as they explore d ways to bridge gaps in  positions.  Members likewise needed  to find a way 
to progressively engage in text -based discussions. They were all aware of how sensitive this question 
was. As time was of  the essence,  they needed to start before it was too late  to get an outcome in 
agriculture at MC13. As some like d to say, "In the WTO it is always too early, u ntil it is too late ". 
2.11.  Three guiding principles  could also be identified: inclusiveness and transparency, pragmatism 
and flexibility and a Member -driven process.  The process should  remain inclusive and transparent  – 
where the  entire  Membership w ould be info rmed and would have  the opportunity to participate and 
express their views on discussions taking place alongside the negotiations. His door remained  always  
open. The process should also  be guided by pragmatism and flexibility, both on substance and 
process .  Members should be imaginative and have the ability to discuss on a "what if" basis, as well 
as be prepared to work in various configurations to make progress in the negotiations.  The process 
should likewise  remain Member -driven.  In this regard, he  would remain guided by Members' inputs 
and suggestions in all his efforts to facilitate this process . At the same time, part of the work ha d to 
be undertaken directly by and between Members, in parallel with the Chair's initiatives. A Member -
driven process mean t having a shared sense of ownership with associated rights and responsibilities.  
The next CoA SS meeting and related dedicated sessions and seminars w ould take place on 2 -4 May . 
He invite d all Members  to engage with each other in advance of these meetings to make them as 
fruitful as possible.  
2.12.  The Trade Negotiations Committee took note  of the reports  of the Chairpersons of the bodies 
established by the TNC.  TN/C/M/45  
 
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  3  REPORT  BY THE CHAIRPERSON  
3.1.  The Chairperson  noted that  the work in the TNC/HoDs proceed ed in full coordination with the 
General Council Chairperson's work and consultations on the road ahead.  Ambassa dor Molokomme 
and she had thought it made sense to use this first gathering of HoDs  after the Easter break for the 
General Council Chairperson  to report to  the Membership . 
3.2.  Ambassador Athaliah Lesiba Molokomme  (Botswana) , Chairperson of the General Council , 
recalled that,  as she had  announced in her communication of 12 April  2023, and in response to 
Members' call to work more efficiently, instead of convening a separate meeting, she had  considered 
it appropriate to report on her consultations at the present  meeting . She thanked the Director -
General for this opportunity, for as in the past, coordination between the Director -General and the 
GC Chairperson was key in facilitating a smooth process in the lead up to a Ministerial Conference. 
This was something to which she was  committed, and kn ew that the Director -General share d the 
same sentiment.  She was  also cognizant of the core WTO principles of transparency, inclusiveness 
and full participation, which were essential elements in this endeavour.  This was why, at the very 
beginning of her tenure as Chairperson, her first order of business had been  to invite all interested 
Members to share their views with her on the work ahead.  She thank ed the 34 delegations, including 
group coordinators, for participating  in this process. Because she value d the views of all 164 WTO 
Members, she hoped that all delegations w ould remain engaged as they prepare d for MC13.  Although  
her report, under her responsibility,  this was non -exhaustive, she would provide a summary of the  
key points she had  heard from Members during her consultations.  
3.3.  She recall ed that she had  posed two questions – how to collectively ensure that MC13 buil t on 
the MC12 successes and how to continue mak ing progress on the work on WTO Reform which had 
been started by her predecessor in the Chair, Ambassador Didier Chambovey  (Switzerland) . During 
the consultations, Members' desire to build on the successes at MC12 a s they  planned for MC13 had 
been evident. Many had reaffirmed the need to de -dramatize Ministeri al Conferences by completing 
as much of the work in Geneva as possible to avoid over -burdening Ministers.  To borrow a phrase 
that she had  heard, Members  should aim to dramatize the work in Geneva instead.  In this regard, 
many delegations had stressed the need to balance ambition and pragmatism, recognizing the 
current challenging global environment, and the already extensive agenda for MC13.  While 
emphasizing the need to manage expectations, Members had still highlighted areas of priority and 
expressed views on them. These include d Dispute Settlement ( DS) Reform, WTO Reform, Fisheries 
Subsidies, Agriculture with a food security lens, E -Commerce Work Programme and Moratorium, 
LDC Graduation and LDC Issues, S& DT, Agreement on Trade -Related Aspects of Intellectual Property 
Rights (TRIPS ) Waiver Extension, Sanitary and Phytosanitary measures  (SPS), Accessions, and other 
issues such as trade and environment, climate change, policy space, non -market practices, stat e 
intervention and industrial subsidies and technology transfer.  On the road to MC13, all delegations 
had reiterated their commitment to the principles of transparency, inclusiveness and full 
participation. Concrete suggestions had also been made to improv e adherence to this and learn 
from, as well as avoid mistakes from the past.  She had  heard many Members appeal for work to be 
focused, to set milestones and take advantage of Ministerial gatherings before MC13 to further 
converge and dialogue on key challe nges. Some of the suggested milestones she had  heard include d 
mini-Ministerials, stocktaking in July and in October, and then finalizing the work from November 
until MC13.  Several delegations had highlighted the importance of further engagement from Capitals 
and Ministers to facilitate reaching some deliverables including by convening a special Ministerial 
meeting of WTO Trade Ministers before the end of 2023. Others had also highlighted the important 
role of the MC13 Host, through active engagement, to pla y a bridge building role in Geneva and in 
Capitals.  
3.4.  Concerning WTO Reform, Members had highly appreciated the "Informal Meetings on WTO 
Reform" in retreat format started by Ambassador Chambovey – proposing that this approach could 
continue to be used to a ddress specific issues. Advancing on reforming all WTO functions had been  
stressed. In doing so, several Members had reiterated that development should remain at the centre 
of reform work. Moreover, she had  heard that D S Reform remain ed a high priority are a. Specific 
suggestions had been  made on improving the functioning of the General Council and T NC, in order 
to enhance efficiency and better harness their potential. Finding a forum to discuss key challenges 
confronting international trade, building on pro posals and papers recently submitted by Members, 
had also been raised. Institutional matters such as the frequency of Ministerial Conferences, 
stakeholder engagement and the role of the WTO Secretariat had also been brought to her attention.  
Members seem ed to converge that " reform by doing" was part of the way forward, including through TN/C/M/45  
 
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  the work carried out at the level of WTO Councils and Committees in a transparent, inclusive, and 
Member -driven manner, with regular updates to the General Council, as  appropriate. It had also 
been highlighted that reforms that would change fundamental WTO principles should only be taken 
up by the General Council. Recognizing the importance of this work, Members were of the view that, 
in order for WTO Reform work to be credible, they should also tackle substantive matters impacting 
global trade. Given Members'  extensive agenda, some delegations  had suggested for her to consider 
appointing facilitators to assist  in the work ahead  – a matter on which she was  still reflecti ng. 
3.5.  Concerning the immediate next steps , she  mention ed a few, short -term milestones. As 
Members  were aware, there would be  the General Council meeting on 8  to 9 May  where she would 
report on WTO Reform, including updates from Chairpersons of regular bodies , as appropriate.  
Taking into account what Members had mentioned during consultations, she was considering holding 
an Informal Meeting on WTO Reform focused on the deliberative function and institutional matters. 
Based on the suggestions presented by Membe rs, a candid discussion on the functioning of the GC 
and the TNC, as well as the conduct of Ministerial Conferences, among others, would be topics taken 
up during the Informal Meeting. She would  reach out to delegations in this regard and provide more 
detail including possible dates in due course. She would also consult on administrative matters 
related to MC13 to be in a position to make a decision on these issues at the July GC – such as the 
Election of MC13 Officers and participation of Observer Governme nts, NGOs and IGOs.  In 
coordination with the Director -General, the MC13 Host, and the respective Regular Body and 
Negotiating Group Chairs, they would need to lay the ground for stocktaking of MC13 preparations 
to take place in the General Council meeting in July. Based on this stocktaking opportunity, and 
depending on how discussions evolve d, she was aiming at presenting a more medium to long -term 
roadmap for the work to be done after the summer break.  As the  inputs of WTO Members fuel led 
the MC13 preparat ory process and WTO Reform work , she hoped that she  could count on Members'  
active participation in building convergence towards Abu Dhabi. She would  be working closely with 
the Director -General, the MC13 Host and all Members in this regard. As the General Council 
Chairperson, she wished to assure Members  of her unwavering commitment to a transparent and 
inclusive Member -driven process mov ing forward. Her door remained always open to all Members.  
3.6.  The Chairperson  recalled that , at the beginning of th e month, the WTO  Chief Economist and 
his team had presented the WTO  Global Trade Outlook and Statistics report. That report indicate d 
that the pace of trade expansion in 2023 was still expected to be subpar compared to previous years 
– with projected merchandise trade volume growth of 1.7%. In addition, trade had slumped in the 
final quarter of 2022, dragging down trade growth for 2022 to 2.7%.  The slowdown in  global trade, 
which date d back to before the pandemic, should be a cause for concern for everyone.  This had been 
identified by the World Bank as one significant factor behind the decline in output growth potential 
for both advanced and developing economie s. Slower economic growth w ould, over the long -term, 
mean lower living standards and opportunities for people around the world. The World Bank 
suggest ed that cutting trade costs, strengthening multilateral cooperation and focusing on the 
sources of growth in trade w ould be key. Services was recovering as a growth area. Within that, 
digitally delivered services trade was a big performer – growing at 8.6% per annum from 2005 to 
2021 compared to 5.1% for goods trade. While it was clear that merchandise trade at USD 25 trillion 
was still key, it was going nowhere. It was therefore important to internalize digital trade as a new 
source of growth and ensure that the WTO  was providing the enabling environment, the level playing 
ground and the rules for this to thri ve. The WTO  should also ensure it played its role as a multilateral 
arena for global cooperation that c ould deliver for people.  Members had done it at MC12 – and they 
all knew they could do it again.  At the previous  week's Spring Meetings of the World Bank and IMF, 
and at the G20 Finance Ministers meeting, both the IMF and the World Bank had called for greater 
cooperation on trade  – citing the high cost of decoupling and fragmentation  – just as what the WTO  
had been doin g. In fact, the WTO  had done this  ahead of everybody else. As the multilateral 
organization providing the framework for trade relations among 164 Members, it was the WTO's  
responsibility to contribute solutions to economic challenges the world was confronting. MC13, which 
was eight working months away, was an important opportunity on the horizon.  
3.7.  Time was  not on Members'  side. She thank ed the GC Chairperson for reach ing out to Members 
to hear their views.  Members had expressed the  need to focus on specific areas in the lead up to 
MC13 . In agreeing with the Membership, she noted that  it was the responsibility of each and every 
one of them to bring focus and a results -oriented approach to the negotiations. Members  should  be 
pragmatic and flexible to prepare an agenda for Ministers that la id the foundation for success.  While 
she was  heartened by Members' active engagement in various substantive areas as well as on 
questio ns of process, the key was to translate this momentum into concrete progress. Members'  TN/C/M/45  
 
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  time from now until July was critical. The progress they would make during these months could well 
tilt the balance in one direction or another for what they could achieve or not  at MC13. It could also 
lead them to reflect on the need for additional processes as suggested by some  delegations  to the 
GC Chairperson such as senior officials' meetings or mini Ministerials to move the work forward and 
inject political will and  momentum.  The Negotiating Group Chairs ha d been putting in tremendous 
efforts  – which she appreciated.  In recent weeks, there ha d been a lot of activity in various areas. 
She had  attended several of these meetings including those on agriculture, fisheries subsidies, and 
development. She commend ed the Negotiating Group Chairs and the Members for injecting this 
dynamism , and thank ed the Secretariat staff who  had worked hard to make sure that these sessions 
were successful.  
3.8.  While everyone seem ed to agree on the importance of delivering on agriculture, with food 
security providing a shared lens through which to see the issues, Members  were yet to decide on 
what they needed to focus on to reach a meaningful agriculture outcome by MC13. This mean t that 
Members should begin to make their CoA SS work more targeted considering what would be the 
elements of a food security package or decision. They needed to move from their well-known 
positio ns and ensure a spirit of compromise and innovation so that they would  not come away empty 
handed at MC13.  Putting forward papers was helpful – and she thank ed all delegations who ha d 
done this or who were planning to do this. What Members  needed though was for these ideas in the 
papers to help them build convergence on what outcome they should be working towards. She 
therefore urged all Members to work with Ambassador Acarsoy in finding the "collective what" in 
agriculture for MC13 so they could then start  figuring out the "collective how".  She likewise  
acknowledge d the progress in the CoA's Work Programme on Food Security for LDCs and Net Food 
Importing Developing Countries ( NFIDCs ) in line with the MC12 Declaration. She commend ed Mr. 
Marcel Vernooij (Netherlands) for coordinating it and Members for their constructive engagement 
including at the workshop on improving local food productivity and resilience  on 12 April . She hoped 
that Members w ould continue to participate in all agriculture disc ussions in the same spirit and see 
how they could fold the work there into a food security outcome.  
3.9.  Regarding the Fisheries Subsidies negotiations, she was heartened to hear that domestic 
processes were in high gear for several Members with regard to depos iting their instruments of 
acceptance for the Fisheries Subsidies Agreement. She commend ed the latest ratifying Member, the 
United States for doing so the previous week  – becoming the first large fishing nation to do this , and 
– adding the U to the S's tha t had previously ratified whom she again thank ed – Switzerland, 
Singapore, and the Seychelles. Members  were on the right track, and she looked forward to receiving 
more instruments of acceptance soon. In her relentless pursui t for ratification, she had  held meetings 
with several of the informal groups to remind them to work on this. She would also  be travelling to 
where she could get groups of Ministers or Leaders to urge them to ratify.  Members  could not afford 
to lose time on such an important sustainabil ity issue and allow their oceans to continue to be 
depleted. It was different this time  given the real issues at stake. The more they delay ed, the more 
they contribute d to a depletion of their oceans. Members  had a responsibility not to do this. For 
exampl e, she would be heading to Côte d'Ivoire and Ghana to join the meeting of the 15 Economic 
Community of West African States  (ECOWAS ) Trade Ministers so they c ould work on ratification and 
on MC13 issues. She urged Members to  aim to have this new Agreement enter into force by MC13.  
She unders tood that a few Members were considering waiting for the second wave of negotiations 
to conclude before formally accepting the Agreement. She wanted to make clear that at MC12, 
Ministers had not condition ed the ratification of the Fisheries Subsidies Agreement to the conclusion 
of the second wave of negotiations. This was not indicated in the Ministerial Decision and the Protocol 
nor in the Agreement itself. In fact, in the few days after M C12, many Ministers had mentioned the 
importance of accepting the Agreement as soon as possible. Progressing on domestic processes was 
the right thing to do – especially as many Members ha d already started doing so in good faith. And 
ratifying the Fisherie s Subsidies Agreement was essential to ensuring that all multilaterally 
negotiated and agreed outcomes enter ed into force and were implemented accordingly. If Members  
were serious about multilateral agreements, they should  ratify this one. She also  remind ed all 
developing countries who want ed access to the Fish Fund for capacity support in fisheries 
management and implementing the Agreement, that they could not access the Fund unless they 
ratified. At the same time, the mandate for the second wave of negoti ations was clear. She thank ed 
Ambassador Gunnarsson for conducting these discussions in a n efficient way. She encourage d all 
Members to work together and find a mutually agreeable way forward on these difficult areas – 
mindful that they were not starting f rom scratch.  TN/C/M/45  
 
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  3.10.  In the area of Development, the S&DT Work Programme seem ed to have recently picked up 
and, as Ambassador Hassan had said, she had  attended the CTD SS meeting in March . Everybody 
agree d that S&DT was an established principle in the WTO archite cture, which Members had 
reaffirmed as recently as MC12. She believe d that Members' task was to identify its nature, how it 
should be administered and who should have access. It was important that everyone involved 
demonstrate d flexibility and show ed a greater willingness to accommodate others' interests. She 
also wanted Members  to think larger on development issues  – such as by finding ways to encourage 
investments so that the poore r Members c ould add value to their products, trade more, create jobs 
and grow their economies . She urged Members to work with Ambassador Hassan in charting 
advances in this area, taking into account the MC12 Ministerial instruction to report progress to th e 
General Council before MC13.  Members  had also heard the report from Ambassador Aitzhanova on 
the services negotiations. It was good to hear that discussions were ongoing with Paragraph 10 of 
the MC12 Outcome Document in mind. She encourage d Members to co ntinue engaging with the CTS 
SS Chair in advancing the services negotiations. As she had earlier mentioned,  the future of trade 
was services and digital. Work in the CTS SS was therefore  critical to ensure that the WTO continue d 
to respond to the rising im portance of services trade.  She also encourage d Members to engage 
constructively in the dedicated discussions on the Work Programme on Electronic Commerce 
facilitated by Ambassador Dwarka -Canabady (Mauritius). Members  should seek to find a mutually 
agreeab le solution, including on the e -commerce moratorium, by MC13. Efforts should also be made 
to come to an appropriate answer or conclusion on the TRIPS Waiver issue for therapeutics and 
diagnostics as agreed by Ministers at MC12.  Discussions on trade, enviro nment, sustainability, and 
climate change ha d also picked up in the CTE and in other configurations. Following Paragraph 14 
of the MC12 Outcome Document, she hoped that Members would continue to engage in the CTE as 
a standing forum dedicated to dialogue o n the relationship between trade measures and 
environmental measures. She also thank ed Members for participating in the previous  month's 
Technical Workshop led by the Secretariat on a Global Carbon Pricing Framework.   
3.11.  Members  had likewise  heard Ambassador Molokomme's report on her consultations on WTO 
Reform. This remain ed a top priority for all Members moving to MC13. As they had  heard, dispute 
settlement reform remain ed high on this list. In this regard, she had  attended the DSB meeting  in 
March  where an item on this matter had been  taken up. As 2024 was fast approaching , she  
encourage d all Members to work with Mr. Marco Molina of Guatemala on this matter and focus on 
having substantive, results -oriented discussions. For Members  to get results in this area , they should  
keep an open mind to innovative approaches and to a certain amount of flexibility.  In echoing the 
sentiments expressed by the GC Chairperson in her report on WTO Reform, she a dded her voice on 
a specific area – the negotiating function. She was  glad to hear that Members were looking for ways 
to improve the functioning of the TNC to ensure efficiency and better harness its potential. This was 
most welcome, and she was  eager to hear ideas from Members on how they could make these 
meetings more efficient and, importantly, more effective. Members  could certainly reflect on how to 
streamline TNC interventions when they get to the G eneral Council  so as to avoid repeating positions 
and statements. Members w ould recall that she had  promised to convene TNC meetings only when 
needed to ensure that they had focused discussions and not meet simply for the sake of meeting. 
When they looked at the numbers, compared to 2021 when  they had nine meetings to prepare for 
the postponed MC 12 that December, she had  convened five meetings  in 2022  – three  before MC12 
and two post-MC12 . In 2023 , she intend ed to keep the number of meetings as lean and as focused 
as she could . She therefore agree d with the GC Chairperson that Members should  think about 
process issues which were also important.  
3.12.  July w ould be the month of truth – a chance for Members  to examine progress and further 
focus and finetune their work. They should  make the most of the two and a half months before the 
July TNC and GC meetin gs. Consensus c ould not be built overnight and if they did not dramatize 
their work in Geneva, they could not de -dramatize the work of the Ministers. Members should  give 
credit for the dramatization and de -dramatization of the work to Ambassador Maria Pagan (United 
States ). Given the current global situation, Members  could not afford to have MC13 without any 
deliverables. The world was counting on the WTO. To deliver  results, it was essential to find the right 
balance between ambition and pragmatism. Having back -to-back successes from M inisterial 
Conference s was crucial to show that Members  had restored the WTO as the place for action. This 
was also Members'  responsib ility to the people whose lives and livelihoods ha d been severely 
battered by the polycrisis. She also  had the impression that there was a real need for a greater 
sense of urgency. While it was good that Members  had an uptick of activities in WTO Bodies, they 
should not let themselves slip into a pattern of simply continuing technical work ad infinitum. From 
the Chairpersons'  reports, it was evident that Members  should  get moving. If Members  wanted to TN/C/M/45  
 
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  succeed at MC13, they genuinely ha d to start negotiating  on substance.  Members should also  be 
more results oriented . Showing greater unity of purpose at every level of work  was likewise critical . 
She hoped that Members  had built some trust that c ould enable them to show more coherence in 
pursuit of their shared commitment.  She did not want to have to report in July that, despite hard 
work from all sides, Members  remained  far apart. The onus was therefore on Members  to deliver. 
Member -driven should  come to fruition. On her part, she would  be relentless  in trying to push all 
Members  to succe ed. In this regard, she assured Members that t he Secretariat w ould be there to 
support them. 
3.13.  The Trade Negotiations Committee took note  of the reports  of the General Council Chairperson 
and the Chairperson of the TNC.  
4  STATEMENTS BY PARTICIPANTS  
4.1.  The representative of Canada  said that Members  had not often used meetings of the TNC/HODs 
effectively  since they simply repeat ed what they had said in previous meetings  and failed to engage 
in any dialogue. As such, Canada did  not reiterate its positions and priorities for MC13 as th ose were 
well known and ha d not changed since the previous meeting – and would instead  respond to the 
agenda.  Regarding the transformation exercise, Members  should begin by recognizing that the WTO 
was unusual among the international organizations in that it was responsible for binding agreements 
and was an impartial facilitator of negotiations and deliberations. The Secretariat was doing good 
work in this re gard and was the depositary with the most in -depth expertise. For as long as the 
Secretariat retain ed this invaluable role and it remain ed the Secretariat's core mandate, Canada ha d 
no interest in attempting to dictate details regarding the organization an d management of the 
Secretariat. Th ose were under  the Director -General's  responsibilit y. Similarly, the form and future 
priorities of the WTO itself should remain separate and based on the agreements Members  had and 
their multilateral and plurilateral deci sions and initiatives. Canada also welcome d the creation of 
advisory groups. The more diverse voices  Members heard, the better equipped they would be to 
undertake helpful initiatives. Canada  support ed more engagement with external actors of all kinds 
in WTO work – always to inform and never to change the WTO's intergovernmental nature . 
4.2.  Members  should ensure that MC13 was a step forward for the rules -based trading system and 
not a step back . They should try to deliver on important issues, including having a fully and well -
functioning dispute settlement system accessible to all Members by 2024. Canada was keeping an 
open mind and was committed to listening to and engaging with others on all issues. Canada also 
lent its voice to calls to de -dramatize the event.  Members should  not use this meeting to seek to 
force decisions where they were not ready. It was important that Members  design ed MC13  to ensure 
enough space to allow conversations at all time s – that small group discussions c ould develop into 
larger group  discussions and then to the plenary. Furthermore, linking unrelated issues and engaging 
in brinkmanship was not the right way – it led to decisions being forced through without all of them  
having the time to properly brief their Ministers and ensure a full understanding of the consequences. 
A successful MC13 w ould be one where all Members fel t they ha d contributed to the process and 
were comfortable with the outcome. Canada  again  express ed its interest in significantly changing 
how Members  used the TNC/ HODs  – including its structure and matters to be  discuss ed. 
4.3.  The representative of Kenya , speaking on behalf of the ACP , share d some thoughts on the 
process and preparations for MC13. The ACP  hoped that transparency and inclusiveness w ould 
govern the process and decision making. At MC12, there had been  the expectation that an overflow 
room would have been availed at the WTO since not all delegations from Capital and Ministers could 
fit in th e Counci l Room. For the meetings on critical areas to be agreed, and to ensure inclusivity, a 
listen and view mode should be deployed in Abu Dhabi to ensure that all delegates could follow the 
small groups and green room discussions. This approach was currently us ed by the Chair of the NGR 
and delegations were able to follow the proceedings even if they were not invited to the small group 
meetings. In addition, the duration of the WTO Ministerial Conference should be decided based on 
common decision -making practice  instead of waiting until the last minute to extend the duration by 
a day or by whatever time was considered necessary. Experience ha d shown that the schedule of 
some  Ministers c ould not accommodate such extensions. The WTO pride d itself in being a rules -
based organi zation that promote d predictability. The least Members  could do was to be predictable 
about the end date of a Ministerial Conference.  
4.4.  Regarding substance, the instructions and recommendations by the Ministers at MC12 should 
be the priority. These include d recommendations on fisheries subsidies, LDC issues in Paragraph 8 TN/C/M/45  
 
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  of the MC12 Outcome Document, the decision s on the E-Commerce Work Programme and TRIPS 
non-violation situation complaints, as well as other mandated areas where Memb ers could make 
progress and submit recommendations to Ministers for adoption. On WTO Reform, the ACP  took note 
of the work being done to fulfil the mandate in Paragraph 3 of the MC12 Outcome Document, 
including work by the various WTO Councils and Subsidia ry Bodies, as well as proposals submitted 
by Members, inclusive of General Council submissions. Due to the small size of the delegations of 
the ACP Members, work on reform should be  conducted in a fair, balanced, open, transparent and 
inclusive  manner . Members should see the General Council as the forum to garner consensus on 
various reform proposals, both on substance and process. Regarding Dispute Settlement Reform, 
the ACP continue d to attach importance to the achievement of the aspirations of Paragraph 4 of the 
MC12 Outcome Document. The ACP was  aware of the ongoing informal discussions on Dispute 
Settlement Reform. For legitimacy, these discussions should be formalized as soon as practicable. 
With limited time left before MC13, Members  should avoid tabl ing proposals, especially those which 
require d high-level political engagement, too close to the Ministerial Conference, including any 
proposal on Dispute Settlement Reform. Nonetheless, key to the Group was the restoration of a fully 
functioning two -tier dispute settlement system. Any work on reform in the WTO should not 
undermine the cardinal principles and legal underpinnings of the Member -driven, consensus -based 
and non -discriminatory pillars of the WTO.  
4.5.  On the fisheries negotiations , the ACP  hoped that phase 2 o f these negotiations  could be agreed 
by MC13. This w ould require pragmatic approaches that d id not create the same complexities that 
they faced at MC12 on overcapacity and overfishing.  Members  should  strive to stay within the WTO 
mandate and not replicate or over legislate beyond what was doable in terms of disciplining the 
millions and billions of dollars to subsidies that fuel led large-scale industrial distant water fishing.   
The principle of proportionate responsibility should  be the driver of  the negotiations. Where some 
were not responsible at all, Members  should  not attempt to dilute the application of the prohibition 
beyond the problem of subsidization. On agriculture, the ACP welcome d the convening of thematic 
seminars on the various topics of work. These events had facilitated a better understanding of each 
other's challenges, outlook and policy orientation in agricultural trade. They had also allowed for the 
exchange of good practices among Members in areas such as food security and domestic support 
policies implementation. MC13 should deliver on agriculture. In so doing, the policy space and 
flexibility for the protection and development of the agricultural sector of developing and LDC  
Member s should be preserved . The ACP  was optimistic that the WTO w ould make progress in 
narrowing the divide in areas such as domestic support, cotton, PSH and SSM, which were priorities 
for the Group. These areas were critical to securing food security and livelihood objectives. The ACP 
therefore  continue d to call for a reduction and eventual elimination of trade -distorting dome stic 
support and enhanced market access for developing  and LDC Member s. The Group  looked forward 
to seeing a narrowing of the divergences in these areas so that MC13 c ould make important realistic 
steps in the right direction in the agriculture negotiation s. Regarding the negotiations in the CTD  SS, 
the ACP  welcome d the CTD SS Chair's report and support ed the consultations to devise solutions to 
conclude an agreement on the G90 proposals, of which the ACP was a co -sponsor. The Group  
remind ed Members that th is file was the only other Doha -mandated negotiation that ha d not enjoyed 
constructive response from Members . The ACP Group saw MC13 as an opportunity to demonstrate 
that the WTO c ould favourably respond to an issue placed on the table by a significant num ber of 
developing country Members.  
4.6.  The representative of Cameroon , speaking on behalf of the African Group , recalled that the 
African Group remain ed convinced that the most impactful outcomes at MC13 would be those that 
placed the development agenda at the  fore, unlock ed the productive capacities of their economies 
and contribute d to industriali zation, structural transformation and diversification. The success of 
MC13 w ould be measured by the substance of outcomes that w ould address the various challenges 
that developing  and LDC Members , including African economies face d. The unfulfilled development 
mandates as captured in the Doha Development Agenda, therefore remain ed a priority for the 
African Group. The outcomes should  ensure Africa g ot its fair share of gains from international trade, 
including in the digital and green economies as meaningful producers and players in global value 
chains.  The dire state of food security w hich continue d to disproportionately affect Africa remain ed 
precarious. Delivering a food security and livelihoods package in agriculture should therefore be 
uppermost of Members' priorities at MC13. This should  be premised on reductions on trade -distortin g 
domestic support through the elimination of Aggregate Measurement of Suppor t (AMS) above de -
minimis, capping and reduction of blue box with disciplines to ensure these subsidies were decoupled 
from production; and outcomes on PSH and SSM. An outcome on c otton in line with the demands of 
the Cotton -4 (C4) was long overdue and should  be delivered at MC13. Furthermore, the African TN/C/M/45  
 
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  Group  underscore d the urgency in delivering on the MC12 mandate contained in Paragraph 8 of the 
Ministerial Declaration on the Em ergency Response to Food Insecurity to ensure they had inbuilt 
agility to respond to both current and future crises. Unlike MC12, MC13 should  produce substantive 
outcomes on agricultural reform.  
4.7.  Four months ha d passed since the deadline by Ministers on th e extension of the MC12 Decision 
on the TRIPS Agreement to cover therapeutics and diagnostics. The mandate  entailed in the MC12 
TRIPS Decision remain ed unfulfilled and was a key priority of the African Group as repeatedly 
reiterated by the African Union He ads of State and Government. Members  should work towards 
delivering on this as a matter of urgency, including work towards a trigger -ready mechanism to 
address future pandemics in pursuance of the MC12 Declaration on the WTO Response to the C OVID -
19 Pandem ic and Preparedness for Future Pandemics.  On fisheries, the African Group reiterate d that 
any outcome  should  be balanced and aligned to the mandate. In the pursuit to address overcapacity 
and overfishing, due regard should  be given to safeguarding the food  security and livelihood of 
artisanal, subsistence and small -scale fisheries. Such outcomes should  include effective special and 
differential treatment that also provide d sufficient policy space for developing Members  to develop 
their blue economies.  As no ted by the CTD SS Chair , the G90 ha d presented its revised submission 
contained in JOB/TNC/106, which included a work programme towards negotiations to deliver on its 
ten agreement -specific proposals. The African Group called on Members to approach these 
discussions with refreshed minds and in a solutions mode. The African Group expect ed MC13 to 
deliver on these proposals especially in the context of the polycrisis.  
4.8.  The African Group reiterate d its call for a WTO Reform agenda that place d development at the 
centre. In this regard , the Group's  priorities were two -fold. Firstly, the revitali zation of the dispute 
settlement system with outcomes that w ould take into account its long-held concerns, including 
inaccessibility, the exorbitant costs and complexity associated with litigation, and asymme try with 
regard  to remedial actions, among others. Members should  develop a clear roadmap that aim ed at 
delivering on the mandate to ensure that by 2024 Members  had a well -functioning dispute settlement 
system  that was accessible to all Members. The DSB Ch air should be able to regularly report to the 
General Council  on progress in ongoing discussions.  Secondly, WTO Reform rebalanc ing trade rules 
in support of Africa 's industriali zation. The African Group's  vision of WTO Reform was reflected in its 
paper3 on policy space for industrial development which it had presented to the General Council in 
March. The Group  had since presented the submission to the CTD  and intended to continue these 
discussions in the G eneral Council , the Committee on Trade and Development ( CTD) and any other 
appropriate committee vested with responsibility of the technical issues at hand such as the 
Agreement on Subsidies and Countervailing Measures  (ASCM ) and the Agreement on Trade -Related 
Investment Measures  (TRIMS ) Committees  under the Council for Trade in Goods  (CTG)  and the 
TRIPS Council. The Group  trusted that Members w ould engage in good faith with its submission.  
4.9.  Members of the African Group were concerned by the increasing arbitrary imposition of SPS 
measures with no cle ar basis in science. Ongoing work in pursuance of the MC12 SPS Declaration 
should identif y tangible outcomes to be taken forward to MC13 to ensure that SPS measures were 
not unnecessary barriers and protectionist tools. The Group  called for an assessment t o be conducted 
in this regard immediately after the summer break.  In relation to the transformation process, the 
African Group was still in the process of developing a common position. The Group  welcome d the 
process and the inclusive nature of the transfor mation exercise that aim ed to gather Members ' views.  
On the reinvigoration  of the E-Commerce Work Programme, the African Group support ed the 
initiatives under way steered by Ambassador Dwarka -Canabady. As called on by Ministers at MC12, 
due attention shoul d be afforded to the development dimension based on the mandate set out in 
WT/L/274.  On process towards the MC13 Ministerial Declaration , the Group propose d that work 
should commence in November through an inclusive, bottom -up process. This would allow 
reasonable and sufficient time for work to mature to enable distillation of potential outcomes.  
4.10.  The representative of Djibouti , speaking on behalf of the LDC s, recalled that t he LDC Group 
had participated in the General Council Chair person 's consultations and had shared its ideas on how 
to proceed and ensure that MC13 buil t on the success of MC12. The LDCs had  also shared their ideas 
on the process and the milestones they believe d should be put in place to effectively structure work 
and exp ectations in this regard. They had  also shared their ideas on WTO R eform . The LDC Group 
reiterate d that pre -MC13 work should focus on the instructions given by Ministers in the MC12 
Outcome Document and Decisions on activities to be undertaken and reports to be produced for 
 
3 WT/GC/W/868  – G/C/W/825  – WT/COMTD/W/270  – IP/C/W/695  – WT/WGTTT/W/33 . TN/C/M/45  
 
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  MC13. In addition, certain subjects, in particular those that concern ed LDCs c ould be harvested  early 
in the year  in the General Council  since it could take decisions in the intervening period between 
sessions of the Ministerial Conferen ce – consistent with the Marrakesh Agreement and the rules of 
procedure. The longstanding LDC Group proposal on graduation4 should  be agreed in the General 
Council this year. During the previous  General Council , the LDCs had proposed  to adopt Annex 1 of  
the draft  decision and to agree to forward Annex 2 to the Sub  Committee  on LDCs . The LDC Group 
hoped that Members would be able to take this decision at the May General Council meeting.   
4.11.  The LDC Group congratulate d the Chairs of C oA SS and the NGR for the organization of the 
thematic meetings  on agriculture and fisheries subsidies , respectively . The LDC s had participated in 
these meetings and f ound them useful for the continuation of these negotiations in the run -up to 
MC13. With regard to agricult ure, reform of the agricultural trading system should  be fair and market 
oriented . In this regard, p riority should  be given to food security and resilience by addressing issues 
such as trade -distorting domestic support, including cotton, SSM, PSH and expor t restrictions. Given 
their NFIDC status, LDCs hope d to be covered in any reform to be agreed. LDCs support ed a 
permanent solution for public stockholding for food security purposes, including future programmes. 
The Group invite d Members to refer to its su bmission  in G/AG/W/225 . On fisheries subsidies, the 
fisheries weeks were working well including  the important utili zation of the "Listen & View " access 
to follow all small group sessions. This was critical for all  Members  to come to common ground and 
target what was essential for the Phase 2 negotiations on overfishing and overcapacity . The MC12 
Decision on Fisheries Subsidies require d Members  to make rec ommendations to MC13 for "additional 
provisions that would achieve a comprehensive agreement on fisheries subsidies, including through 
further disciplines on certain forms of fisheries subsidies that contribute to overcapacity and 
overfishing, recognizing that appropriate and effective special and differential treatment for 
developing country Members and least developed country Members ". The discipline should  be fit for 
purpose and what the WTO mandate c ould bear. As a start, in relation to the overcapacity and 
overfishing problem, Members should address the billions of dollars in subsidies to large -scale distant 
water fishing . For S&DT,  the LDC s remain ed committed to Article 6 found in WT/MIN(22)/W/20 . This 
Article contained a  nearly settled text. Other proposals from developing  Members  on appropriate 
and effective S&DT , which were integral to the mandate , should  be priori tized. The LDCs  were ready 
to participate in the April cluster commencing the following  week under the leadership of the  NGR 
Chair. On the CTD  SS work, the LDC s, as part of the G90, reiterate d its support for the G90 proposal 
and urge d Members to engage co nstructively and in accordance with Paragraph 2 of the MC12 
Outcome Document.  
4.12.  Regarding the MC12 TRIPS waiver, the co -sponsors, including the LDC Group, continue d to 
work towards reaching a consensus, by MC13, in order to include therapeutic products and 
diagnostics in the Minister ial Decision  in WT/MIN(22)/30 . With regard to the decisions adopted at 
previous sessions of the Ministerial Conference in f avour of LDCs, the LDC Group reiterate d its call 
to Members to operationalize them. In Paragraph 8 of the MC12 Outcome Document, Ministers had 
instructed work to be done in the relevant bodies and that the General Council report to MC13 on 
progress made in implementing the decisions on the services waiver and Duty-Free and Quota -Free 
(DFQF ) market access. The Committee on Rules of Origin had also been instructed by Ministers to 
report to the General Council before MC13. LDCs were working on their contributions to this 
discussion. Regarding the CTS report on the services waiver, the LDCs  thank ed the Secretariat for 
its note concerning its approach to Paragraph 8 and challenges. The LDCs had  made comments in 
the CTS and look ed forward to ways to find solutions. They were also working on their 
communication requested by Members at the CTS. Regarding WTO Reform, the LDC Group recall ed 
Paragraph 3 of th e MC12 Outcome Document. As such, the work should  be open, transparent, 
inclusive, and should  address the interests of all Members, including development issues. Work 
should  be Member -driven, under the guidance of the General Council. The LDC s thank ed Memb ers 
who ha d made proposals on WTO Reform and who ha d approached them to explain their respective 
submissions. G iven the large number of reform proposals, the Group urge d the WTO Secretariat to 
compile them in order to have a better idea of all the tabled proposals. The LDC P roposal in 
JOB/GC/223/Rev.1  constitute d the Group's contribution  for future work on WTO Reform  – contain ing 
a series of ideas on topics relating to principles, practical approaches, and restoring the Appellate 
Body. On practical elements such as annotated agendas, summaries, shorter turnaround time for 
minutes, elimination of overlapping meetings, and special n otification page for LDCs in the portal, 
 
4 WT/GC/W/807/Rev.2 . TN/C/M/45  
 
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  the LDCs  thank ed Members and the Secretariat for working within their existing mandate to already 
implement some improvements . 
4.13.  The representative of  Vanuatu , speaking on behalf of the Pacific Group , associated with the 
statement by the ACP. The Pacific Group continue d to prioriti ze the second phase of fisheries 
subsidies negotiations on overcapacity and over fishing and an appropriate and effective S&DT. As 
small island developing states  (SIDS),  the fisheries sector r emain ed a vital one for the pacific and 
provide d for the food security and livelihood of its communities. Concluding negotiations on these 
outstanding elements was necessary to complement the fisheries subsidies agreement adopted at 
MC12 and to deliver ful ly on SDG 14.6 . The Group  wished  to see a comprehensive conclusion of the 
agreement  and believe d this was achievable at MC13. As text-based negotiations would need to 
start well ahead of MC13 , the Pacific Group  encourage d the advancing of the issues as muc h as 
possible before the end of th e year. On agriculture , the Group recogni zed the importance of this 
sector to all Members notably for food security. The Group  appreciate d the knowledge building 
seminars undertaken so far which ha d facilitated the sharing of experiences and best practices. The 
Group looked forward to the upcoming sessions on other negotiating issues. Considering the lack of 
an outcome at MC12 for agricultur e negotiations , Members should  aim to progress the discussions 
and deliver outcomes on agriculture at MC13. On WTO Reform , the Pacific Group continue d to 
support a fair, transparent and inclusive process for all reform discussions. The Group was 
particular ly interested in furthering discussions initiated in the development dimension of reforms 
and how the WTO c ould facilitate the achievement of Members ' development aspirations.  This would 
include reflections on how the WTO c ould best deliver on its fundamen tal objectives of using trade 
as a means to raise living standards, create jobs and improve peoples ' lives. On dispute settlement 
reform , the Group  support ed efforts to deliver on  the MC12 mandate to restore a fully and well -
functioning dispute settlement system accessible to all Members by 2024. Noting the 2024 deadline , 
an MC13 outcome was expected. Discussions in the informal process therefore  needed to  be 
formali zed well in advance of MC13. On CTE SS work, the Pacific Group attache d importance in this 
area and was committed to working with all Members in the agreed process to find solutions to the 
G90 ASPs. The Pacific Group  stood ready to engage constructively within the WTO to co llectively 
determine how the Membership c ould achieve and deliver outcomes  at MC13.   
4.14.  The representative of Antigua and Barbuda , speaking on behalf of the OECS , noted that MC13  
was only about ten months away. While w ork was ongoing in a number of areas in the lead up to  
MC13 , Members  remained  far from what was ideal in terms of progress in a number of key areas.  
On WTO Reform, as per Paragraph 3 of the MC12 Outcome Document, the OECS  was aware of some 
good work that was taking place. For instance, at the  level of the CTG, the OECS  had taken  note of 
important work on improving the functioning of the CTG and its Subsidiary Bodies. This sort of reform 
by doing was critical to the overall functioning of the WTO, and perhaps constitute d some areas 
which were generally non -contentious and which c ould be part of an e arly harvest in the lead up to 
MC13.  Due to the inability of many small delegations to follow developments at the level of the 
various Councils and their Subsidiary Bodies with regularity, the OECS  prefer red to have this 
emerging body of work brought back to the General Council for final decision -making. It was also 
important for some kind of structure to emerge within which other elements of reform work c ould 
be advanced. Specific to dispute settlement reform , the OECS  took note of the progress being made 
in the informal discussions which ha d been convened. While it would have been ideal for this work 
to take place in a formal setting, the OECS  had been flexible and continue d to engage in the informal 
process in good faith. It was of utmost importance to re store the full functioning of the dispute 
settlement system which was the beating heart of the organization. The OECS  also s aw scope to 
advance improvements in other areas such as accessibility, alternative dispute resolution and the 
representativeness of panels. The o ngoing informal process should respond favo urably to the 
capacity constraints of small delegations  and should  also uphold the important principles of 
transparency, openness and inclusivity so as not to compromise the integrity of any outcome. As 
difficult as it could  be, the OECS  remained  committed to having a meaningful outcome on restoring 
a fully -functioning dispu te settlement system to present to Ministers at MC13  – and anticipate d that 
the current process w ould be formalized and legitimized as soon as practicable . 
4.15.  With respect to fisheries subsidies, the OECS commended the NGR Chair particularly for his  
efforts t owards enhanced transparency including by making small group meetings visible to all 
delegations through the available technology. This approach should be maintained to the extent 
practicable. The OECS  was generally supportive of the way that the NGR Chair had organized work 
on this file. Given that time was of the essence, the OECS  looked forward to receiving a timetable 
for the resumption of formal negotiations as soon as possible. The OECS  was also aware of the TN/C/M/45  
 
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  challenges involved in moving the agricultu re negotiations forward. Perhaps it could  serve the 
process well if the  CoA SS  Chair appoint ed facilitators, if this ha d not already been contemplated, to 
advance work on key issues, especially those wh ere Members remain ed far apart. The OECS 
expressed its  continue d support  to the Facilitator in reinvigorating work in the Work Programme 
including the Moratoriu m and would remain  actively and constructively engage d in this process.  
4.16.  The representative of Panama , speaking on behalf of the Article XII Members , remind ed the 
Members hip of the extensive commitment made by Article XII Members  during their  respective 
accessions which were over and above those of the original Members. As Ministers had acknowledged 
at MC12 , Article XII Members  hoped that original Members w ould make significant contributions  
moving forward in the negotiations  to level the playin g field. In this regard, the Group  stood ready 
to work constructively to achieve fair and balanced outcomes in all negotiating pillars. The 
restoration o f a fully functioning , binding and two -tiered dispute settlement system remain ed a top 
priority. As Members who had joined the WTO after its establishment , one of the most attractive 
features for them in acceding and being part of the multilateral trading system had been  to gain 
access to a fully operational, fair, predictable and transparent dispute settlement system. This was 
a right and an obligation both under the Uruguay Round and in their accessions negotiations. 
Accessions should be viewed as an impo rtant negotiati ng topic as they strengthen ed the multilateral 
trading system and br ought  the WTO  closer to its goal of universal Membership. Article XII Members  
reiterate d their support to the ongoing accessions and hope d that Members  would remain on track 
to welcome Comoros and Timor Leste to the WTO in 2024 – hopefully as a n MC13 outcome . 
4.17.  Speaking on behalf of Panama , Panama commended  the CoA  SS Chair for his work in leading 
sessions dedicated to food security, PSH and domestic support  – and for sessions scheduled for May 
on market access and export restrictions . These efforts sh ould help Members  move the agriculture 
negotiations forward. After 20 years of negotiations, it was clear that the missing link was not 
technical knowledge nor an u nderstanding of opposing postures  – but political will to bridge gaps 
and comply with Article 20 of the Agreement on Agriculture. It was not only a matter of working on 
substance  but a lso negotiat ing on it – an activity which Members seem ed to have been forgotten 
how to do . This likewise applied to all negotiating areas . On fisheries subsidies , Panama  commend ed 
the work of the NGR Chair for the successful and transparent first fish week. Members  were preparing 
for the second fish week w ith the  hope of clarify ing possible landing zones to efficiently and 
effectively guide  their work in the lead up to  MC13. Members  were facing variable challenges , 
simultaneous crises and fluctuating priorities. They should  understand the challenges that this 
entail ed and move forward with WTO Reform to build greater resilienc e and improve capacity to 
respond to existing and new global challenges.  Panama reiterate d in particular the urgent need to 
have a fully functioning Appellate Body accessible to all Members by 2024.  On dispute settlement 
reform, Panama  commended the  efforts undertaken by Mr. Marco Molina  of Guatemala to keep the 
heart beating of the  informal discussions among  Members seeking  to find solutions to concerns 
expressed  related to the dispute settlement sy stem.  
4.18.  The representative of the United Kingdom  shared views concerning what Members wanted 
and how to achieve them. While there were different categories of what Members  wanted, there  was 
a clear sense of what they wanted collectively as a Membership . Some of those were things that 
they had promised to themselves that they wanted – things that Ministers had agree d that they 
should try and deliver by MC13  whether on fisheries, dispute settlement or e -commerce. There were 
also things that they wanted effectively as Members above and beyond that which  could be about 
agriculture or LDC Graduation  – things that Members  increasingly recogni zed that they should aspire 
to achieve at or before MC13. And then there were things that p eople outside the halls of the WTO  
were looking for. After listening to the voices of business and thinking of some of the meetings that 
the Director -General  had convened such as  on decarbonization , the United Kingdom  was struck by 
the demand from business  for the WTO to  make it clearer for them  about  how t o navigate the shoals 
of the broader environmental agenda , including decarbonization,  as many Members  adopt ed 
measures in order to arrive at net -zero – and how to navigate in a way that ensure d that the WTO  
continue d to open opportunities for businesses both in the developed and developing world.   
4.19.  Then there was the question of how to do this in a  genuinely inclusive , efficient  and 
transparent way enabl ing every M ember to participate . The United Kingdom  was particularly mindful 
of the comments from LDC colleagues about the constraints on them as small Members of this 
organi zation and often with small missions – on how they would be  able to participate effectively i n 
WTO work. In this regard, there were easy steps that could be taken  to enable that and some of 
them were being discussed in  the CTG. The United Kingdom had also  put forward suggestions about TN/C/M/45  
 
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  the predictability of timetable s, knowing exactly when meetings  were going to take place, knowing 
what would be  consider ed in each of those meetings, and knowing quickly the outcome of those 
meetings for those delegations that ha d not been able to participate in them . These were easy wins 
that Members  should be trying  to harvest already to ensure that MC13  felt inclusive for all Members 
and to engag e effectively with people , business  and civil society . The United Kingdom commended 
the Director -General's efforts in that respect . Above and beyond the prepared statements Members 
had been offering at the present  meeting, they needed to  think about what it was that they wanted 
to achieve and how to fulfil them  and make  quick progress to ensure that MC13 fel t like a success 
and was seen as a success by all Members . 
4.20.  The representative of the European Union  looked forward to intensifying work to making 
progress on WTO Reform and various conference outcomes  – with just eight working months until 
MC13 . For the WTO to maintain relevance, MC13  should  produce a realistic, yet meaningful set of 
deliverables. Operationally, Members  needed to think of ways to prepare Ministers well for those 
areas where they w ould need to take decisions at MC13 and for those where they c ould further 
advance work th rough policy deliberation. The European Union  welcome d the support received from 
many Members on the importance of enhanced deliberation on key global trade challenges as 
outlined in the paper by the European Union. Since the last General Council meeting, the European 
Union  had been doing outreach on the paper and was considering the different aspects raised and 
comments received. The European Union  also s aw commonalities with the proposals from the African 
Group and was reflecting on the best way to take t his work forward. Coming back to MC13 
deliverables, there were  a number of areas where concrete results c ould be reached. Restoring a 
well and fully functioning dispute settlement system in the WTO remain ed a top priority for the 
European Union  – seriously  treating  the commitment taken at MC1 2 "to conduct discussions with 
the view to having a fully and well -functioning dispute settlement system accessible to all Members 
by 2024 ". This mean t that Members should  aim for an agreement on dispute settlement reform as 
a deliverable at MC13. They could not miss this political opportunity. With this goal in mind, the 
European Union was keen to see the ongoing discussions continue in a focused and result -oriented 
manner , and to start text -based discussion after the summer break. Members  had an ambitious 
schedule in place , and they should  deliver.  
4.21.  On fisheries subsidies, the European Union  welcome d the good start of the phase 2 
negotiations under the guidance of Ambassador Gunnarsson. The outstanding issues – including 
special and differential treatment – were challenging. But the European Union  trusted that an 
agreement was achievable by MC13. Give n the urgency of safeguarding global fisheries resources, 
Members  needed to deliver. Equally important was the implementation of the Agreement on Fisheries 
Subsidies concluded at MC12. The European Union  welcome d that some Members ha d already 
deposited the ir instruments of acceptance, as the Director -General ha d indicated. On the side of the 
European Union,  the European Parliament was voting  which would  be followed by a decision by the 
European Council. So , the European Union was  on track and hope d that by the beginning of June , it 
would  have completed the process. It was  also working with the Secretariat on the EUR 1 million 
contribution from the European Union to the fisheries funding mechanism  – with several EU M ember 
States equally discussing with the Se cretariat contributions to the Trust Fund. The extension of the 
e-commerce moratorium and, jointly, the E-Commerce Work Programme remain ed key priorities. 
This was of vital importance for the business community in both developed and developing countries 
and of systemic overall importance to the WTO. Members  should  work together to find a more stable 
solution for the Moratorium and the Work Programme. A development package for MC13 was a 
further priority and was a crosscutting issue. The European Union was willing to engage 
constructively on the LDC proposals as well as on the papers from the African Group and the G90 in 
the CTD  SS and other relevant bodies.  
4.22.  In agriculture, given the food security context and th e need for reform, there were clear 
outcomes that c ould be achieved at MC13. The focus could be on a food security package, which, on 
the one hand, could include at least advancement on the work on export restrictions and 
transparency, and, on the other, r esults on the implementation of the MC12 food insecurity 
declaration. Moreover, the reform of trade distorting domestic support , including for cotton , and 
further discussions on public stockholding w ould need to consider their impact on food security. The 
aim should be reform towards less trade distorting and providing the right incentives in terms of 
food security and sustainability targets. Members likewise  needed to think of a novel approach to 
agricultural negotiations. They should integrate the relevan t aspects of food security, environment, 
climate, poverty reduction and sustainable production. The e-commerce JSI negotiations were at a 
key juncture  where they needed to achieve substantial progress by the end of 2023. Participants TN/C/M/45  
 
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  need to  overcome their differences and jointly work on solutions against digital protectionism. On 
the investment facilitation for development JSI, the EU welcome d the good convergence around a 
number of key commitments and the parallel work on the needs assessment in developin g countries 
that were an important feature. The draft Investment Facilitation for Development agreement 
reflect ed the objective of developing countries to attract more foreign direct investment as a crucial 
source of financing. Members  should not miss this  opportunity now that an agreement was within 
reach. The European Union  also hoped to see the objections lifted to the certification of the services 
domestic regulation JSI participants ' schedules so that these important disciplines could finally enter 
into force for the benefit of all.  
4.23.  The representative of Indonesia  noted that it was  unfortunate that a sign of recovery from 
the devastating impact of post COVID -19 pandemic to the world economy remain ed relatively weak. 
Many were still  struggling to overcom e the global economic slowdown. Prolonged conflicts and 
unprecedented higher incidents of natural disasters ha d further exacerbated this dire situation, 
especially for LDCs and SVEs. Building from these ongoing challenges and the mandate on TNC 
based from the Doha Development Agenda  (DDA) , Indonesia reiterate d the need to deliver the 
critical mandated issues at the Ministerial Conference. Indonesia appreciate d the continued effort by 
the CoA SS Chair to facilitate mov ing forward with the negotiations. Only with an open mind and 
constructive engagement could Mem bers achieve meaningful outcomes on agriculture at MC13. 
While Members  had agreed that S&DT was an integral part of the negotiations , they needed to 
further ensure that the development needs of developing and LDC Members  could be met, including 
food securi ty and rural development. Resolving the homework on PSH and SSM as well as achieving 
a balanced and fair outcome in domestic support and cotton should therefore continually remain 
high on Members'  agenda. Indonesia  continue d to attach great importance on the Work Programme 
on Electronic C ommerce and appreciate d the series of  dedicated discussion s facilitated by 
Ambassador Usha Dwarka -Canabady. The discussion on this important issue w ould be useful and 
applicable not only for developing and LDC  Member s but t o all Members. Going forward , Members 
should consider and identify important elements emerging from the discussion that they could report 
to Ministers at MC13.  
4.24.  As part of the co -sponsor of the TRIPS Waiver proposal , Indonesia was  disappointed that no 
agree ments c ould be reached on the decision to extend the scope  to therapeutics and diagnostics 
despite the Minister ial mandate. In this regard, Indonesia  hoped to continue receiving updates 
regarding the US fact finding investigation.  Indonesia  further underline d the importance of the World 
Health Organization ( WHO) as the leading body in responding and tackling the COVID -19 pandemic 
to be given an appropriate r ole to provide information on the global state of therapeutic s and 
diagnostics. Such information w ould be important to feed in their discussion in the TRIPS Council. 
This proposal was almost similar to the fisheries subsides negotiations where  the F ood and  
Agriculture Organization  of the United Nations  (FAO) and the Organisation for Economic Co -operation 
and Development  (OECD )'s opinions were given high regard and fe d into the negotiati ng process. 
Indonesia  also reiterated its continued priority to resolve the current  Appellate Body  impasse which 
was crucial in Members'  common efforts to maintain the security and predictability of the multilateral 
trading system. In actively participat ing in the dispute settlement reform discussions , Indonesia 
hoped to have a clear pathway towards a fully functioning and accessible dispute settlement system 
by 2024. All Members  agree d that trade should generate income, contribute to economic growth, 
create job opportunities and alleviate poverty as well as address development al needs. To be able 
to compete fairly in open trade , Members  needed to ensure that trade rules under  the WTO could 
address historical imbalances. As such , Members should ex peditiously work together to advance 
their homework and complete the unfinished bus iness under  the Doha mandate. Members  needed 
to remain committed to the elements of SDG 17 especially promot ing a universal , rules-based open 
non-discriminatory and equitable multilateral trading system under the WTO including to concluding 
the DDA negotiations. To this end , Members  needed to operationali ze S&DT for developing and LDC  
Members  so that they could address such imbalances and move forwar d a more equitable trading 
system. Such principles should also apply to the fisheries subsidies negotiations. By doing so , they  
could  achieve a comprehensive fisheries subsidies agreement that was fair and proportionate taking 
into account the consequences  of Members ' action with regard to fish  stock depletion. As Members  
had agreed to work under the Doha mandate , they should  strengthen the role of the TNC so that 
they could expedite their journey and achieve their target in line with the Doha commitment.  
Indonesia remain ed committed to work ing together with other Members and deliver ing remaining 
mandated issues from Doha and to achieve meaningful outcomes at MC13.  TN/C/M/45  
 
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  4.25.  The representative of Nigeria  associate d with the statements by the African Group  and the 
ACP. Members  needed to build on the success of MC12 and engage constructively with renewed 
political commitment to deliver tangible and measurable outcomes in the next Ministerial. MC13 
present ed another opportunity for the WTO to deliver results that would further improve the lives 
and livelihood of people globally. Nigeria was committed to working in close collaboration with other 
Members in any configuration to make progress in all areas of WTO  negotiations and work. Nigeria 
continue d to call on Members to accord priority to the delivery of results in agriculture that would 
address the structural causes of food and livelihood insecurity and foster the building of resilient 
agricultural sectors i n developing and LDC Members . Currently, Africa was on the throes of a food 
crisis not seen in recent times. Hundreds of millions of people were facing food insecurity. The 
imbalance of the current rule coupled with the growing use of trade distorting dome stic subsidies 
that allow ed for concentration of support continue d to undermine the competitiveness of Africa's 
producers. This foster ed concentration in global markets. Only few countries export ed – leading to 
heavy dependence on limited external sources for food which increased vulnerabilities to shocks. At 
present, a vast majority of developing and LDC Members  were unable to meet their food security 
needs because they were constrained by the imbalances of the Agreement on Agriculture. Many 
developing and LDC Members  had shifted from being food producer s and exporter s to net food 
importer s. Members therefore need ed to work towards outcomes that would underpin and build 
momentum towards reforms that were needed for a fair and level playing field in global a gricultural 
markets. Members  also need ed to achieve outcomes that would respond to the immediate and 
urgent challenges of food insecurity. This would entail the provision of further policy space for 
developing and LDC Members  to provide support needed to e nhance their productive capacity, and 
economic opportunities for small -scale farmers. Nigeria  called on Members to engage constructively 
in the second wave of negotiations towards the delivery of a comprehensive agreement consistent 
with SDG 14.6 with effe ctive S&DT.  Members'  first task was to articulate effective disciplines on 
subsidies to large scale fishing and distant water fishing. This c ould be achieved by setting out 
effective criteria and principles such as the Polluters Pay and Common But Differen tiated 
Responsibilities that were relevant to disciplining such subsidies. Since s mall scale and artisanal 
fishing in small developing countries d id not contribute to overc apacity and overfishing , they  should 
not be subject to the discipline. Nigeria  would continue to engage constructively towards achieving 
effective disciplines in this phase of negotiations.  
4.26.  Dispute settlement reform discussions needed to  be Member  driven , open, transparent and 
inclusi ve, and geared towards addressing the difficulties undermining the effective participation of 
developing and LDC Members  in the dispute settlement system . Members should  develop a clear 
framework that contain ed the scope and terms of reference on the param eters of  these  discussion s 
in a formal and multilateral setting, the Dispute Settlement Body ( DSB), in order to have a more 
focussed discussion with the aim of having a positive outcome. Nigeria  welcome d the inclusive and 
transparent nature in which the TRIPS C hair ha d conducted her consultations and  stood  ready to 
engage constructively. Intensive work and discussions ought to be undertaken by the entire 
Membership to ensure the delivery of the mandate to extend the TRIPS waiver decision on COVID -
19 vaccine s to therapeutics and diagnostics in a timely manner so as to address the challenges of 
developing and LDC Members  in the fight against COVID -19. Nigeria  welcome d the constructive 
engagements by Members on the E-Commerce Work Programme , in particular the d evelopmental 
aspects. Nigeria  looked forward to the delivery of outcomes geared towards addressing the 
difficulties undermining the gains of developing and LDC Members  from global digital trade. On the 
moratorium, Nigeria  would continue its constructive en gagement towards ensuring its renewal  as it 
was mindful of the negative effects of an unpredictable global e -commerce environment for 
businesses and consumers – likely to occur from the non -renewal of the moratorium. As the  benefits 
of the moratorium outwe ighed the cost , Nigeria  called on Members to support its renewal.  
4.27.  The representative of Argentina  said that t he "what" and the "how" should  be the essence of 
the work of th e TNC and the whole organi zation in the next eight months. The "what" was something 
that had been  clear a year ago w hen Members  were preparing for MC12. The se included the waiver,  
fisheries and food security  – given the prevailing circumstances at that time . So, Members should 
be clear on the "what" for MC13. Extending the TRIPS Waiver and the second phase of fisheries 
negotiations formed part of the "what" given the mandates agreed at MC12. In addition, for the 
waiver, Members knew that millions of lives c ould be saved if diagnos tics and therapeutics were 
accessible to more  people. Food security likewise remained a "what".  So, the "what" for MC13 
seemed clear – making the "how" important.  As some delegations viewed  food security as only 
having  one or two elements , Members should agree on which elements could constitute a  food 
security outcome at MC13 . For Argentina, t here c ould not be a food security package without TN/C/M/45  
 
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  addressing domestic support that were against food security and climate change  – a conclusion 
backed by scientific evidence presented during t he different seminars . The "what" had many 
elements which Members should  agree. A year ago , Members were in a dramatic, desperate mode 
– not having an idea of what to expect for MC12 and quest ioning what they would ask Ministers 
when they arrived. The situation had changed – with Members currently undergoing normal 
Ministerial preparations with eight working months to go before MC13. In this regard, it would be 
important to take stock of progre ss, have more tra nsparency and the reality check that they could 
not afford having quick wins only at the expense of the bigger picture of the WTO's credibili ty. 
Although quick wins in MC12  had regained people's trust to the WTO , the areas Members were fac ed 
contained d eeper issues that demanded careful thinking.  For this to happen, Members should  
dramatize Geneva through more work, more transparen cy, less statement  reading, having 
facilitators as necessary and let ting Ministers meet every year to address t he biggest challenges of 
world trade. Members  should only put forward to Ministers outcomes that were ripe for decision. 
Argentina commended all Chairs for leading their respective processes with this in mind and hoped 
that preparations for MC13 and succee ding Conferences would be done under this mode of working.  
4.28.  The representative of Peru noted that Members  seemed to  agree that they should base their 
fisheries second wave work on the hybrid approach outlined in documents WT/MIN(22)/W/20  and 
WT/MIN(21)/W/5 , without closing themselves off to analysing new proposals or approaches. 
Sustainability ha d social and economic facets that inherently emerge d from the environmental facet. 
It was this environmental facet that ha d guided the negotiations so far. The vast majority of Members 
consider ed that fisheries management was a tool that could  effectively contribute to achieving 
sustainability. The mere fact that this tool exist ed did not however  mean that it should take the 
place of disciplines or be seen as a blank che que to continue subsidizing. Def ining what constitute d 
"appropriate and effective" special and differential treatment w ould likely determine the outcome of 
the second phase of negotiations. In this connection,  Members should  find the balance that enable d 
them to have an agreement contain ing ambitious disciplines that t ook into consideration certain 
Members' special circumstances and their capacity to implement these disciplines. This d id not mean 
establishing sweeping exceptions, but, rather, promoting compliance with these disciplines. 
Moreover, with regard to the parallel process of negotiations on notification formats and other 
preparations for the functioning of a future committee, Peru ha d supported the Chair's proposal to 
appoint a facilitator, including the candidate that ha d been s uggested. The parallel  process needed 
to be as transparent and inclusive as the negotiating process for the agreement, taking into account 
the capacities of small delegations and the fact that the organization's calendar was already busy in 
the run up to t he next Ministerial Conference.  
4.29.  Peru r eiterate d the importance of moving forward with a constructive approach in  agriculture  
reform in line with Article 20 of the Agreement on Agriculture – an objective to which all Members 
had committed  themselves to fulf il. Members  needed to make headway in a balanced manner  in the 
three pillars of agricultural negotiations: market access, export competition and domestic support, 
with discussions based on factual information that also allow ed for an impartial analysis of the main 
issues of concern. Members likewise urgently  needed to continue working on restor ing the dispute 
settlement system to its full functions . Peru support ed and w ould continue to participate in the 
informal discussions to make headway in complying with the mandate that Members had set 
themselves in order to have a fully operational dispute settlement system that function ed properly 
and was accessible to all by 2024. Th e current situation harm ed everyone , especially developing and 
LDC Members,  because they were denied the opportunity to address, on equal footing, their 
differences with other Members given their  asymmetric economic and commercial relations. They no 
longer  had a guarantee that their rights and obligations  under WTO rules w ould be respected . 
4.30.  The representative of South Africa  noted that economies were facing structural challenges 
such as soaring debt , an energy crisis, rising inflation and food insecurity, o ngoing impact of the 
pandemic, geopolitical tensions and supply -side disruption that expose d over-concentration of 
production. Added to this was the impact of rising non-tariff barriers (NTBs)  in the context of climate 
change with significant impact o n exports. The polycrisis was leaving many economies behind as 
reconfiguration of value  chains was resulting in fragmentation. These challenges necessitate d 
rebalancing trade rules to give Members the flexibilities they need ed to respond to the multiplicity 
of challenges facing the global economy. This d id not amount to weakening but strengthening the 
multilateral trading system  as failure to do this w ould force many Members to explore solutions 
outside the system. This issue require d thorough deliberation and should  be treated with urgency 
as Members  prepare d for MC13. More need ed to be done to ensure tangible outcomes at MC13. 
MC13 should  deliver a development package. Such a package should ensure access to instruments TN/C/M/45  
 
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  that enable d economies to be resilient and should  centre on several elements.  On agriculture , there 
should be  a food security and livelihoods package to unlock food production in Africa that centr ed 
on PSH, SSM, trade distorting domestic support  and cotton while observi ng existing mandates . S&DT 
should permeate the negotiations and their outcomes. This also included the e xtension of the TRIPS 
decision to therapeutics and diagnostics before MC13 to address concentration of production . 
Members should  also work on a trigger  mechanism for future pandemics. Members should r ebalanc e 
trade rules to provide policy space for African industrialization and build on the MC12 Declaration on 
SPS to ensure adherence to science -based and least trade restrictive measures. A multilateral 
discussion on the proliferation of NTBs in the name of sustainability was also required given the 
grave threat to exports, particularly from developing economies. MC13 should  deliver a clear 
message in this regard.  
4.31.  G90 ASP s were long overdue. In line with t he MC12 mandate, South Africa  called on Members 
to engage constructively to ensure the CTD  SS report ed progress to the G eneral Council  before 
MC13. Members should likewise d eliver on LDC issues including graduation. Development should 
therefore underpin th e work of the WTO and all the outcomes at MC13. Members  should  focus on 
delivering on multilaterally mandated outcomes. South Africa  reiterate d its calls for a balanced text 
on fisheries that deliver ed on the SDG mandate. Major subsidi zers engaged in large scale industrial 
fishing were responsible for depleting the ocean 's resources. The disciplines in the overcapacity and 
overfishing  pillar should  reflect this reality.  Members  therefore  needed to  conclude negotiations on 
an appropriate level of de minimis  that provide d developing and LDC Members  sufficient flexibility 
to use their marine resources for their development. The text on the table f ell short in this regard. 
On the Transformation of the Secretariat, the vision for the WTO was outlined in the preamble of 
the Marrakesh Agreement and the Transformation exercise should  support Members to achieve these 
goals and should  ensure adherence to the principles and provisions of the Marrakesh Agreement. 
The Transformation exercise should  recognize that the WTO 's Member -driven nature . In order to 
dedramatize MC13, the G eneral Council  as the highest decision -making body in between Ministerial 
Conferences, should  deliver on issues mandated by Ministers and take decision where convergence 
existed. South Africa  also saw value in having  a stocktaking meeting to review progress.  
4.32.  The representative of Costa Rica , speaking as Coordinator of the Joint Statement Initiative on 
Services Domestic Regulation , noted that, s ince the adoption of the Declaratio n on the Conclusion 
of Negotiations on Services Domestic Regulation on 2 December 2021, 63 WTO Members had 
initiated certification of new commitments on services domestic regulation in their respective 
services schedules. Since the last report, this group had grown by two Members, namely Australia, 
and – only on 18 April  – Israel – who ha d circulated their respective certification documentation. 
This mean t that there remain ed only six participants that were still working internally to complete 
their respective domestic approval processes and they w ould be submitting their certification 
requests as soon as possible. These certifications ha d received support from all WTO Members, 
except for two delegations that raised objections. Since the last TNC meet ing in February, following 
the S/L/84 procedure, the certifying Members had held consultations with these two delegations. 
The certifying Members hope d to see the objections lifted promptly so the new commitments by the 
large and diverse group of Members c ould take legal effect for the benefit of businesses and 
consumers of all Members. In line with the open, inclusive, and transparent nature of this process, 
the group  called on other Members to consider incorporating domestic regulation disciplines in thei r 
GATS schedules as well.  Members would be informed promptly about  any developments.  
4.33.  Speaking on behalf of Costa Rica , Costa Rica would present its comments and specific 
positions in the respective processes . Costa Rica highlighted the importance o f achiev ing results at 
MC13  on several priority issues: the reform of the WTO in its different functions and, in particular, 
the dispute settlement mechanism ; agriculture ; electronic commerce and the renewal of the 
Moratorium and the Work Program me and services.  
4.34.  The representative of Switzerland  said that MC13 was approaching fast , and it was timely to 
have a discussion about expectations and priorities. Everyone agree d that the expectations for the 
Ministerial Conference should be realistic. Most Members also agree d that they should not put 
thems elves under excessive pressure and that they should de -dramatize Ministerial meetings. After 
all, this was nothing new. Expectation management was something that all  Members  preach ed but 
that nobody really d id. There wa s no magic potion, but a fairly simple suggestion for planning the 
work ahead. A deadline should be set for outlining realistic objectives, in particular for agriculture, 
fisheries subsidies, and issues pertaining to WTO Reform. This stocktaking could take  place at the 
GC and TNC meetings in October. At these meetings, the Chairs of the relevant bodies or processes TN/C/M/45  
 
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  should present their assessment of the situation and identify the reasonable objectives to aim for. 
Work would then focus on achieving these spe cific realistic goals. The WTO Reform  process should 
be incremental , and Members  should avoid a single undertaking or package approach. They should  
reform by doing and report to Ministers at MC13. Switzerland  also agree d with the General Council 
Chairperso n that the next retreat on reform should focus on improving the operation of the G eneral 
Council , the TNC and the Ministerial Conference. In addition, Switzerland  support ed an early harvest 
on LDC graduation. MC13 was also an important milestone for DSU re form, which was a top priority. 
Switzerland  welcome d the informal process facilitated by  Mr. Marco Molina and call ed upon all 
Members to engage constructively. Switzerland  was ready to continue discussions around food 
security and nutrition, in particular on export restrictions, with a view to shaping a balanced and 
meaningful outcome. Switzerland 's view on the positive role of intellectual property (IP)  was well 
known. Switzerland remained convinced  that an extension of the MC12 TRIPS Decision to COVID -
19 therapeutics and diagnostics was not necessary and would be counterproductive.  Switzerland 
was however  ready to participate in further evidence -based discussions on this matter in the TRIPS 
Council. Switzerland welcome d the reinvigoration of the  E-Commerce  Work Programme  and was  
looking forward to the session on the moratorium in order to better understand its impact and the 
opportunities it ha d created. In support ing the ongoing Joint Statement Initiatives , Switzerland was  
hopeful that the initiative on Investment Facilitation for Development w ould be concluded at MC13  
and support ed the substantial conclusion of the negotiations on e-commerce by the end of 2023. 
4.35.  The representative of Singapore , speaking as Co -Convenor of th e Joint Statement Initiative 
on E-Commerce , update d Members on JSI on E -Commerce cluster meeting held on 27 to 30 March. 
The week -long meeting had been  productive as participants engaged in a substantive exchange of 
views on key issues such as data flows a nd locali zation. The co -conveners had also organized a 
development workshop that focused on the development dimension of the JSI and showcased 
ongoing efforts under the E -Commerce Capacity Building Framework. The JSI had  continued to make 
progress in strea mlining a number of issues, including personal information or data protection, 
source code, and cryptography. Th e JSI welcome d Oman as the 89th participant – reflect ing the 
growing importance that developing Members attach ed to e-commerce and the critical role that the 
WTO c ould play in formulating global baseline rules. The JSI  looked forward to accelerating the pace 
of negotiations in order to deliver a substantive and meaningful outcome.  
4.36.  Speaking on behalf of Singapore , Singapore noted that Dr. Ngozi ha d asked Members for an 
honest assessment and the hard truth was that they had not made significant progress. They had  
lost precious time over the appointment of the CoA SS and NGR Chairs . They had had several 
retreats on development, WTO Reform and agricul ture, as well as invited experts to share their 
perspectives on food security, fisheries subsidies and sustainability.  These engagements ha d, 
hopefully, enabled Members to clear the air and paved the way for them to narrow differences and 
make movement on these key issues. For Members to  deliver substantives outcomes at MC13 , the 
key to unlocking the impasse on many of the issues was for them to look beyond their narrow 
national interests, adopt a longer timeframe, and aim for win -win outcomes. The Prime Minister  of 
Singapore had  warned that "countries are prioritising domestic and national security considerations 
and no longer talk about trade  being win -win". He had added that "we are once again heading 
towards a world where protectionism is the default and trade rules are secondary, like what 
happened in the period between the first and second world wars ". Such a development w ould have 
serious  implications globally, but the impact w ould be felt most keenly by small, open economies 
like Singapore. MC13  require d a significant mindset change but the process w ould not be easy 
especially in view of the recent obstruction of the JSI on Domestic Servi ces Regulation. Members 
should  use the remaining time ahead wisely. If they failed to plan, they planned to fail. They needed 
to set clear milestones. Given that they only had about nine working months left to MC13, they could 
think of the roadmap in three  phases. One, from now until July , they should identify potential landing 
zones for all the key issues. Two, from September to November, they should focus on narrowing 
differences and finding win -win compromises. Three, from December to January 2024, they should 
crystalli ze a few key decision points for Ministers to resolve at MC13. At the appropriate junctures, 
Members  could encourage more structured Ministerial engagements on key issues prior to MC13, 
but such engagements should  be done judiciously and fo cused on delivering outcomes. As always, 
Singapore st ood ready to work closely with all Members to deliver substantive outcomes at MC13 
and anchor the WTO as the cornerstone of the rules -based multilateral trading system.  
4.37.  The representative of Colombia  support ed the European Union's proposal to  establish a 
mechanism  for new negotiations on industrial subsidies as expressed at the most recent General 
Council meeting. This discussion should  not cover topics that were off limits  but should  take into TN/C/M/45  
 
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  account the environmental impact of the proliferation of subsidies in recent years. This was also 
connected to negotiations on fisheries subsidies, especially now that Members  were starting to talk 
about the pillar with the largest impact on the domestic industry sector. Colombia  reiterate d its 
commitment to reaching a substantive and ambitious agreement by the next Ministerial Conference.  
Colombia likewise  consider ed it essential for progress to be made in  the agriculture negotiations to  
reduc e and limit subsidies  by MC13 in order to level the playing field. This would be achieved based 
on three  principles . First,  Colombia  did not believe that the solution was to raise the possibility for 
new players to grant subsidies . Members should rather  focus on disciplining t he current proliferation 
of agricultural subsidies. Second, while trade was a tool for ensuring food security, it was not the 
only one. Members should therefore make progress on improving domestic production and 
productivity, including through innovation a nd technology transfer  – areas that were rightly 
underscored in the African Group's document at the most recent General Council meeting. Third, in 
line with Colombia's  comment regarding industrial subsidies, Members should  begin to better 
understand the en vironmental impact of agricultural subsidies. Members  needed a better collective 
understanding that would lead them towards potential coordinated disciplines. Colombia  encourage d 
the Secretariat to conduct an economic study on the impact of agricultural su bsidies on global well -
being, as well as their environmental impact. These three principles would foster a better discussion 
on agriculture, as well as discussions to avoid ostensibly green barriers to agricultural exports. 
Colombia  believe d in the need to  have a no limits discussion on the matter.  
4.38.  Colombia called for open and frank discussions to be held on intellectual property. The 
protection of intellectual property rights should  be balanced with other key public policy objectives, 
such as human health or the fight against environmental degradation. In this connection, Colombia 
support ed the extension of the TRIPS W aiver for diagnostics and therapeutics and was hopeful for a 
positive decision in this area soon.  Moreover, t here was a growing technological component to both 
the right to health and the energy transition . Access to new technologies was therefore becoming 
increasingly important. The extreme concentration of the market i n these critical sectors was not 
conducive to the rapid identification and adoption of global solutions, as the experience of the 
pandemic had shown. The lessons learned need ed to be acknowledged, and collaborative and 
cooperative solutions, including a di scussion on the transfer of environmental and health 
technologies, were required. There was a need to find models that promote d innovation while also 
facilitating the exercise of the right to health and access to medicines and vaccines, and a rapid and 
wide scale energy transition.  Colombia likewise  support ed greater openness to different points of 
view at the WTO  and welcome d the initiatives of the European Union, the United States and the 
Director -General to increase the participation of stakeholders . Similarly, Colombia  was also in favour 
of greater transparency of WTO documents as mentioned by Australia and Canada. Such initiatives 
helped nurture perspectives within the discussions and also help ed strengthen the legitimacy of the 
organization as a whole.  Members  could count on Colombia on the road to MC13.  
4.39.  The representative of Norway  noted that  many were talking about "what" and "how". Since 
its priorities were well know, Norway conc entrate d on one particular "how" question: how Members 
could  de-dramatize the MCs and maintain a high ambition . Norway thought this was possible.  The 
drama part was directly linked to expectations. Until now these ha d been that Ministers should  
resolve the difficult issues delegations had not been able to solve in Geneva . And if they did  not 
agree, then t he whole Ministerial Conference  would be  deemed a failure. By now , everyone  agree d 
that this was not ideal. In this regard, Norway provided several suggestions on how to change this.  
Members  should change the format  of the M inisterial Conference . It could be helpful to seek 
inspiration from how M inisterial Conferences  in other sectors and organizations were done. For 
example, in the United Nations General Assembly ( UNGA ), Ministers  and others met for a week  – 
with e ach giv ing a plenary statement. The rest of the week , they were engaged in political talks with 
their counterparts and others. That was dialogue  – not nitty -gritty or text -based negotiations.  No 
one was expecting a complete agreement or new global ruleset. The fact that they had met, talked 
and interacted was enough. The same could be said for the half -yearly meetings at the W orld Bank  
and IMF. The WTO  should have a similar venue for Trade Ministers. The WTO  needed a similar 
platform where Trade Ministers c ould meet regularly and address relevant challenges of the day  – 
those political issues that they s aw as most pressing. This would ensure that the WTO stay ed relevant 
– simply because Ministers had met and discussed. Trade M inisters would prefer this kind of 
interactive and inclusive approach. To be even more concrete and demonstrate to the outside world 
what were the most relevant present trade challenges, Members  could consider having a headline 
or theme for the M inisterial Conference . Currently , the three themes in the EU communication on 
how the WTO c ould respond to global trade policy challenges could work well. They encompass ed 
development, climate, food security, health, supply chain resilience, digital economy – and thus TN/C/M/45  
 
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  were highly relevan t to the world, and indeed for how trade  could  play a role. Norway also  referred 
to the Director -General's  point on sense of urgency . Members  should in parallel raise expectations 
and put pressure on themselves in G eneva . They should strive to present resu lts at the M inisterial 
Conference  rather than leave it to Ministers to figure it out  – and instead present a report to Ministers 
on progress since the last M inisterial Conference  – including concrete results and outcomes  – which 
Ministers could then endors e and applaud and follow up by giving delegates in Geneva  new directions 
or instructions.  
4.40.  The Chairperson  said that she would  come back to some of these interesting suggestions and 
references to the way other types of Ministerials work ed. They also g ot results,  but they use d 
different means to deliver them. If there was willingness to try those means, maybe the WTO  would 
move. For example, there was an effective group of Finance Ministers and Central Bank Governors 
who ha d to solve huge problems following  a methodology  set in place to address such issues.  
4.41.  The representative of Australia  noted that Members' efforts o n WTO Reform were directly 
supporting efforts  to drive the  substance of the WTO  agenda. As others ha d earlier  said, Members  
needed to use th e TNC/HODs  forum differently. In  that vein, there  was no need to comment further 
on why Members  needed results  ahead  of the next Ministerial Conference . The Director -General ha d 
put it  well – this multilateral trading system should  continue to deliver for  people.  What Members 
needed to act upon should also be clear. Within their reach at MC13  was restoring a fully funct ioning 
dispute settlement system ; advancing long -overdue reforms on agriculture to deliver for people  and 
planet;  concluding the second wave of fisheries subsidies negotiation as  Vanuatu ha d said on behalf 
of the Pacific Group; and  renewing the e -commerce moratorium.  Members  should  also be able to 
advance work on a range of other areas: trade and  climate, the interests of least -developed 
countries, as well as  Members'  response to  the emerging  global subsidies war.  Perhaps less obvious 
however was how they could  best achieve these important  priorities.  If Members  were thoughtful 
about it, and  careful and thorough about their preparation now, they could ensure that  MC13 be came  
the first genuine WTO Reform Ministerial.  As the Director -General and the Chairperson of the General 
Council had said, there  had been increasingly frequent calls to de -dramati ze Ministerial Conferences. 
Members  needed to start the debate. Australia  welcome d the ideas from S witzerland, South Africa 
and Norway who  had spoken well on this issue.  Australia w ould introduce a new proposal at the May 
General Council meeting  that set out practical ideas on how Members could  deliver on the objective. 
Members  needed a reset that impro ved the Conference 's value to Ministers and  its inclusiveness.  
4.42.  Members should  seek to elevate the role of Ministers at these Conferences,  allowing them to 
engage directly on the emerging global trade policy  challenges of the time while avoiding tying the 
credibility of this  organization to Members' ability to deliver outcomes at the last minute.  A logical 
consequence of that shift was that they therefore need ed, as others  have said, to re -dramati ze their 
work in Geneva. That mean t faithful  implementation . The Director -General had  said that she would 
be relentless in driving fisheries  ratification. Australia was  happy to report that it was  working hard 
on that score,  and it had also ratified the deal on services domestic regula tion. T his mean t making 
steadier and earlier convergence on rulemaking  work and being clear that Members  could not set 
the rules of this  organi zation backwards – in agriculture or any other area.  Australia support ed the 
plans outlined for a new WTO informa l meeting in June  as the  General Council Chair person  had set 
out. Members  should use that informal meeting to consider how best to use the  TNC and the General 
Council, and also how to use Ministerial Conferences – the most important forum in this organi zation 
– and the interconnections between the three bodies.  Members needed  to use the political energy 
and guidance of their Ministers as  wisely as possible – and that mean t giving a significant boost to 
what they were doing in Geneva in the next few months to find convergence.  If Members  could 
reform how they worked, they would have made a big contribution to the  results they were likely to 
achieve now and in the future.  
4.43.  The representative of Malawi  associated with  the statement s by the African Group,  the LDC 
Group and the ACP.  Malawi had participated in the consultations by the G eneral Council  Chairperson  
and reiterate d the importance of having the decisions made by Ministers in the MC12 Outcome 
Document to guide Members'  work as they prepare d for MC1 3. There was also a need to look at the 
organizational element of the Ministerial Conference itself to make it more transparent and inclusive. 
Development should be a priority as an outcome for MC13. On the report of the CTD  SS, Malawi 
support ed the G90 ASPs, welcome d the momentum which ha d been built and urge d Members to 
engage constructively on this issue. Malawi  commend ed the various seminars which had been 
conducted  on agriculture . An outcome on agriculture in MC13 was crucial . Issues such as trade 
distorting domestic support, PSH, SSM and cotton need ed to be addressed. As an agro -based TN/C/M/45  
 
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  economy,  Malawi called for enhancing food security and building resilience  – and would benefit from 
flexibility and policy space provided in the t rade rules to allow for the development of the sector and 
overall standard of living as envisaged in the objectives of this organi zation. WTO Reform  should 
take into account the widespread capacity constraints of LDC Members in the levels of obligations 
and implementation expected of them. It was important to observe Article XI.2 of the Marrakesh 
Agreement that LDCs "will only be required to undertake commitments and concessions to the extent 
consistent with their individual development, financial and trade  needs or their administrative and 
institutional capabilities". Transparency and inclusivity should be the core principles driving the 
reform process. Members  needed to restore the two-tier dispute settlement system which was usable 
and accessible to all M embers. Malawi  welcome d the work which ha d begun on transformation of 
the WTO and avail ed itself to constructively participate in the process.  
4.44.  The representative of Japan  noted that, as  the clock tick ed toward s MC13, it was time for 
Members  to nail down their focus  and set realistic objectives. Member should a chieve concrete 
outcomes on WTO Reform,  agriculture, fisheries subsidies, e-commerce moratorium, and  
development.  With regard to the most pressing issue  – dispute  settlement reform  – the 
brainstorming phase ha d come to an end . Members we re now in the phase of engaging in solution -
oriented discussions.  Japan support ed the ongoing process being carried out in  a transparent and 
inclusive manner. Members should  accomplish outcomes  by 2024 and to this end, it was necessary 
to start text -based discussions  after the summer break. Japan w ould continue to constructively 
engage in this  process.  There were two key aspects in the deliberative function reform: (i) improving  
the daily work of subsidiary bodies and (ii) boosting  deliberations on essential issues that global 
trade was currently facing.  Members  should continue and accelerate their ongoing work in each  
subsidiary body with the aim of reporting the bottom -up improvements  to Ministers at MC13. It was 
likewise important to engage in  discussions on a level playing field, addressing topics such as  
government support in the industrial sector, market -distorting measures  and forced technology 
transfer by state owned enterprises, and the  environment re lated issues.  
4.45.  On the negotiation front, as Members strive d toward gaining swift certification of  the improved 
GATS Schedule on Service Domestic Regulation JSI, Japan  expect ed those Members raising 
objections to engage in discussions in a  solution -oriented manner. So far, there ha d been steady 
progress in JSI  negotiations on E -commerce and Investment Facilitation for  Development. Members  
should accelerate the negotiations to meet the  objective of substantial conclusion of the negotiations 
on e-commerce  by the end of 2023 and finalize the negotiating text on IFD in the first  half of th e 
year. Being reliant on imports for more than 60% of its food needs , Japan stress ed the importance 
of food security in trade negotiations.  In order to ensure food security, it was essential that smooth 
flow of  agricultural trade was retained, and  sustainable domestic agricultural  production was 
maintained. From these perspectives, Japan w ould continue  to engage in ongoing discussions on 
technical inputs and experience  sharing taking place under agriculture negotiations.  Japan  also 
support ed the idea that Members should aim at  enacting the Agreement on Fisheries Subsidies by 
MC13, while also  endeavo uring to have the second  wave negotiation s concluded. Japan ha d already 
submitted the Agreement adopted at MC12 to the Parliament  and w ould continue to work on the 
swift conclusion of domestic procedures.  It was also important to create an environment in which 
developing  Members were able to implement the Agreement adequately. As one of  the donors to 
the Fisheries Funding Mechanism, Japan expect ed that further contributions be made to the fund.  
4.46.  On the e-commerce moratorium, it was desirable to make the moratorium  permanent for the 
stability of the business environment and Members should  at least extend it at MC13 in order to 
maintain business confidence in  the WTO. In light of the lessons learn ed from MC12, substantial  
discussions on the moratorium need ed to be started with sufficient time in  advance. It was a 
welcome step forward that the dedicated session  focusing on the moratorium w ould be held on 20 
April. The Work Programme  on E-commerce serve d as a solid foundation of the moratorium . Japan 
would constructively participate in discussions, including on the  development aspect.  On the cross -
cutting development issues, Japan  welcome d the fact that in  the last CTD  SS meeting, there had 
been progress on discussions on S&DT  which ha d been in a stalemate for a long time. On 
development,  it was necessary to develop concrete discussions based on needs and  evidence. Japan 
attache d importance to the issues that LDC graduating  Members were facing and w ould continue to 
constructively engage in the  relevant discussio ns. On MC13 management, in order to avoid 
dramatization of the  conference, it was desirable that a broad image of feasible overall  outcomes of 
MC13 be scoped in advance among Members.  The documents to be presented to MC13 need ed to 
be prepared with  suffici ent time in advance in Geneva and Members  should start working  on this in 
the General Council and TNC. Norway's observation on  Ministerials wa s relevant  in this regard . TN/C/M/45  
 
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  4.47.  The representative of Uruguay , speaking as the Coordinator of the Informal Working Group 
on Micro Small and Medium Enterprises (MSMEs) , recalled that he had announced  at the last open -
ended meeting of the MSME Group on 13 March that he would  step aside as Coordinator of the MSME 
Informal Working Group. It ha d been a pleasure to h elp guide the work of this group since 2018. 
During this time , the MSME Group had gone  through the COVID -19 pandemic, two postponements 
of MC12 and finally through the 2022 WTO Ministerial Conference. Despite the many geopolitical 
challenges  faced,  the MSM E Group had been  the exception within the WTO  – with concrete 
deliverables every year beginning with the December 2020 package, the Trade for MSMEs platform 
in 2021 and the n the  Trade for MSME s network in 2022 , among other  work such as the MSME 
Group's two  databases on MSME Reference in trade policy reviews and regional trade agreements. 
The MSME Group had been  uniquely positioned to interact with and represent small business trade 
interests and had been  able to demonstrate a different way of working within  the WTO giving its 
position as an Informal Working Group. None of this would have been possible without the active 
participation of the MSME contacts and their representatives . He thank ed them all for their continued 
support and engagement as well as th e Secretariat  staff that had supported this work. He looked 
forward to seeing the future work of the MSME Group and hope d that Members would carry forward 
the importance of this topic with a  continued spirit of innovation and a can -do attitude. As he had 
often said, the MSME Group was not only an incubator of new ideas for MSME trade and support in 
the rights of Members to experiment in their discussions and outputs but also a good think tank 
developing concrete tools and outputs. Given the importance of this topic for every  Member , he 
hoped this mindset continue d going forward and that the MSME Group continue d to break new 
ground in its work. A new coordinator was currently under selection . He wished this new coordinator 
and the MSME Group every success going forward. As the challenges for small business es and trade 
were too big to ignore , Members  should  continue this important effort.  
4.48.  Speaking on behalf of Uruguay , Uruguay noted the importanc e of making  headway with 
respect to agriculture at MC13. Uruguay  hoped that there w ould be significant headway made in 
agriculture at the next M inisterial Conference. This was not a matter of simply achieving  any results . 
Uruguay  wanted good, strong result s that would help Members  move along in the direction laid down 
in Article 20 of the Agreement on Agriculture. If Members  were to obtain such results , they needed 
to have a balanced report with respect to  levels of ambition. It was no secret that Members  had 
different approaches to the whole question of how to define food security and no one was going to 
prevail over the others . This would involve  dealing with an agreement and tak ing an approach that 
would allow for a balanced unde rstanding of this question. While Uruguay  was prepared to listen to 
any proposal on any matter, Members should be cautious by not spend ing too much time on 
proposals that ha d already been put forward in the past and which had already encountered difficulty  
reach ing consensus. Members  should also be carefu l in introducing new topics into their discussions.  
That could also complicate their attempts to reach consensus . In particular, external fixed reference 
prices  had come up in a number of reports. That was no minor consideration  given that it  was not 
simply a technical point. If there was to be an amendment introduced on this question at the wrong 
time or if it was badly done without taking into account other elements showing the ways in which 
subsidies were calculated and what their trade distorting effects could  be, it would pave the way to 
even more  trade-distorting effects than they had to deal with . This would be a clear step back rather 
than having Members  move forward in accordance with the mandate to have a fair agricultural 
trading system which w ould involve gradual decreases in support systems that ha d a trade distorting 
effect on world markets. Members  should be careful in their consideration of new po ints which could  
complicate their discussions. Members  should not once again discuss matters which ha d raised 
difficulties in the past.  
4.49.  The representative of  the Republic of  Korea  noted that, c ompared to the last TNC meeting in 
February  where Members  had shared a sense of moving forward on important issues, now was an 
opportune moment to check where they were headed. The Director -General had asked Members  to 
identify w here they were and how best  to channel their efforts . This wa s not easy to answer  
particul arly the "how ". While Members  had already share d interesting and thoughtful views  worth 
coming back to,  given the  limited  time from now until MC13, they should focus on a realistic 
approach. People seem ed to have a tendency to act more quickly right before the deadline . It could  
therefore  be a good idea to set two or three timeframes before MC13 and corresponding goals at 
each end of the frame as Singapore had  suggested.  De-dramatiz ing the Ministerial Conf erence  was 
a catchy expression attracting Members'  attention.  The meaning behind this expression ha d however  
existed for a long time since the DDA negotiation process had started to struggle. At that time, many  
Members  used to have these questions inside their minds  – on why the WTO should not be like other 
international organizations in Geneva . They had held Ministerial Conferences every year, but they TN/C/M/45  
 
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  did not have to worry about the successful outcome of the Conference  which mean t a success of 
trade negot iations . 
4.50.  On WTO Reform, Korea welcome d advancement on  dispute settlement  reform by the 
facilitator -led informal process. Although there seemed to be more doubters than believers during 
the initial phases of the informal discussions, there now seem ed to be high hopes with meaningful 
proposals laid out by various interested Members. Korea  value d the progress Members we re making 
and hope d to build convergence on the proposals soon, which would allow Members  to initiate text -
based negotiations after the summer break and assist them to achieve their goal of a fully functioning 
dispute settlement system by 2024.  Korea  acknowledge d discussions and actions going on at the 
subsidiary bodies on the monitoring and deliberative function, and also useful proposals submit ted 
by Members. As mentioned in the convening notice, July would be a good time to take stock of what 
had been done and assess what Members could  realistically achieve.  The only way they could prove 
successful reform of the rulemaking function was to create meaningful outcome s on fisheries 
subsidies, food security and the e-commerce moratorium at MC13. They should focus on a realistic 
timeframe and realign work in Geneva. Progress should also be made on how to incorporate JSIs to 
make the WTO more rele vant and fit for purpose in light of the trade realities facing the WTO.  
4.51.  On the E -commerce Work Programme, Korea was  pleased to see its reinvigoration through  
the dedicated discussions  and looked forward to the upcoming session on the moratorium.  E-
commer ce was one of the areas where the WTO should  keep abreast of the rapid development of 
technology, in which dialogue with businesses and private sectors was essential. Korea  welcome d 
the Director -General's idea to establish a Business and Civil Society Advi sory Group which w ould 
prove to be useful for the WTO in dealing with digital related issues.  Climate change was not just a 
trade reality but also a major trade concern that could  affect supply chains and livelihood of people 
globally. As such, it was high  time Members  took action to curb and restrain trade restrictive climate 
measures. At the same time, Korea look ed forward for MC13 to be a juncture where Members  could 
initiate the rulemaking process or at least start dedicated discussions to launch negoti ations on 
selected trade -related environmental issues. Korea  appreciate d the many proposals on development 
that ha d recently been submitted. At the same time, Members'  discussions w ould benefit from having 
more clarity on the priorities between the various  submissions and how they relate d to one another. 
Korea  looked forward to constructively engaging in this important topic within the structure of 
existing WTO rights and obligations.  
4.52.  Speaking as Coordinator of the Structured Discussions on Investment Facil itation for 
Development , Korea reported on the significant progress achieved at the IFD meeting held on 3 -5 
April. On the text negotiations, participants had resolved all the remaining issues in the Annex. In 
addition, participants ha d resolved significant numbers of brackets in the main text and were working 
hard to resolve the rest. This was a major achievement  – true to the objective of concluding the text 
negotiations by July. A first revision of the Draft IFD Agreement would be cir culated to all Members 
in the coming days, incorporating these advances. On needs assessments, the WTO Secretariat, 
together with seven partner international organizations, had introduced the IFD Self -Assessment 
Guide which w ould serve as a basis for needs  assessments. Needs assessments to be conducted at 
developing and LDC Members' request would start during the second half of 2023, with some pilot 
projects starting possibly earlier, with assistance of donor Members and partner international 
organization s. An updated version of the IFD Self -Assessment Guide – updated to the latest version 
of the Draft IFD Agreement – would be circulated to all Members in the coming week  or so. A survey 
to assess the demand for needs assessments among developing and LDC Memb ers w ould also  be 
conducted soon. A workshop on how practically to conduct an investment facilitation self -
assessment, organized by ITC and the German Society for International Cooperation, w ould be held 
on 5 May at 10:00 am at the WTO – both in -person and  virtually. An invitation ha d already been 
sent to all delegations. During the last IFD meeting, Oman  was welcomed as the newest participant 
– making all six Gulf Cooperation Council members participants in the IFD negotiations.  
4.53.  The representative of Parag uay stressed that  agriculture  negotiation s that serve d the interests 
of only one side and d id not take into account the redlines of the other was not viable . A negotiation 
that detract ed from its objectives rather than advancing them was not conducive to r esults. An 
outcome on public stockholding for food security purposes was not possible without also satisfactorily 
addressing the redlines and interests of the other parties . A review of the fixed external reference 
price was by definition a step backward s ince it would give Members more leeway to use the most 
trade distorting kind of domestic support, namely price support, which was also one of the most 
environmentally damaging. The fixed external reference price was not a glitch in the system, a price TN/C/M/45  
 
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  that had been  mistakenly left out of date, but a price deliberately fixed until Members  achieve d the 
agricultural reform mandated in Article 20 of the Agreement on Agriculture. It was the constant in 
the formula for calculating price support that allow ed Members  to compare it to the total aggregate 
measurement of support and g ave them the baseline from which to measure the "substantial 
progressive reductions in support and protection" that they made. Any discussion on updating it 
would be possible only whe n reform was achieved. These elements were important and should  be 
taken into account for any possible final outcome. It was important for the process that Members 
identif ied these inescapable interests and the redlines of all parties as the only hope of f inding 
common ground. This implie d that, in the search for convergence, it would be helpful not to insist 
on proposals that ha d no hope of achieving consensus, and even worse, to present them in a 
maximalist fashion and say that they were the only starting  point for negotiations. As was well 
known, Paraguay's inescapable interests in agriculture were market access and domestic support, 
so although Paraguay was  willing and open to working and making progress on all the pillars and 
issues of interest to other s, it could not be done  without having comparable results in these areas. 
Paraguay  reiterate d its readiness  to move forward and was not prepared to accept a step backward 
because this would have a direct impact on its agricultural producers who depend ed on market 
access to improve their quality of life.  
4.54.  There was a process under way on dispute settlement reform that Paraguay  hoped would be 
conducive to fulfilling the commitment made by Ministers at MC12 to have a fully and well -
functioning dispute settlemen t system accessible to all Members by 2024. The functioning of WTO 
regular bodies was one of the most important and effective elements of the WTO, but there was 
always room for improvement, for example to address the challenges faced by delegations and thu s 
to make progress on issues within a consensus -based  organization. " Reform by doing" was an 
appropriate means of achieving this type of improvement. Paraguay, together with Argentina, Brazil, 
Colombia, Ecuador and Uruguay, had circulated a document with s ome suggestions, and were 
pleased to see that these suggestions and those presented by other Members were being dealt with 
and that they could  have tangible results, at least within the framework of the CTG and its subsidiary 
bodies. Some or all of these improvements could perhaps be implemented in other Councils and 
Committees  at a later stage, if they were considered pertinent. Paraguay  stood ready to continue to 
support the transformation of the Secretari at, bearing in mind at all times its intergovernmental , 
Member -driven nature.  Paraguay  reiterate d its commitment to following this path. Another important 
area in which Members could  deliver results for MC13 was the adoption of the recommendations 
issued b y the working groups resulting from the MC12 SPS Declaration and by the working group on 
food insecurity. Although not part of the multilateral WTO negotiations, Members should also find a 
way out together in order to implement the results that could  be ac hieved by several of the 
plurilateral joint initiatives.  
4.55.  The representative of China  agreed that the  TNC meeting should be used to have an honest 
assessment and a discussion on where Members we re and how to best channel their ongoing efforts 
for the purpos e of MC13. China was  pleased to see the recent development of WTO negotiations . 
The current work on fisheries subsidies, agriculture and other areas  would benefit their respective  
next phase negotiations. The JSI discussions had also  made good pro gress. Th e clearance of all 
outstanding annexe s in the JSI on IFD wa s particularly encouraging. Among all the issues for MC13, 
implementing MC12 mandates, responding to current global challenges as well as fulfilling their 
longstanding mandates should be the key pa rts of MC13 outcome discussion . Given the realities that 
the world was facing , Members  should be pragmatic and realistic. They should focus all their time 
and energy on the most pressing and urgent issues specifically on dispute settlement reform  – a top 
priority for China. China  encourage d all Members to focus on core issues in an open and flexible 
manner while maintaining the core features of the dispute settlement mechanism.  Throug h collective 
efforts , Members  should be able to narrow down the opt ions for addressing various concerns before 
the summer break which could pave the way for text -based negotiations in a more formal manner 
afterwards. On development, LDC graduation transition was widely supported  by Members. It was  
also high time for Membe rs to translate the long overdue S&DT mandate , as flagged in the G90 
proposal , into concrete outcomes. Extension of TRIPS waiver to COVID -19 diagnostics and 
therapeutics should also be part of the discussion.  
4.56.  Based on the relevant MC12 Ministerial Declarat ion, tangible results for food security should 
be reached in MC13. China was open to looking at this issue in a broader perspective and s aw the 
importance of taking into consideration of pressing challenges such as climate change. Questions on 
individual Members ' implementation should not  however  be an excuse to challenge or undermine 
the existing mandate. It should be Members'  common objective to announce the entry into force of TN/C/M/45  
 
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  the Fisheries Subsidies Agreement by MC13. China was also  looking forward to s ubstantial progress 
on the second phase of negotiations.  China hope d that the discussions in the CTE and other initiatives 
on climate change could lead to tangible results. China welcome d Members ' "reforms by doing " 
approach and s aw value in the recent pro posals on improving the institutional functioning of the 
WTO. As there were many common elements in these proposals , the General Council Chairperson 
could  consider nominating a coordinator to make the discussions well organi zed and efficient . To de-
dramatize MC13 , hard work from Ambassadors and delegates in Geneva  was needed together with 
the active participation of Ministers and Capitals including through thematic sessions . Learning from 
MC12, to avoid dramatic negotiations by Ministers at the last minute , China  propose d having  a high -
level or Vice Minister level meeting two or three  days before MC13 in Abu Dhabi to make the final 
sprint on those documents to be decided by Ministers. China  hoped that Members could  finally de -
dramatize  the Ministerial Conference  in dramatic way.   
4.57.  The representative of Bangladesh  associated with the statement by the LDC Group.  
Bangladesh expect ed that the TNC w ould be able to  serve Members with an annotated agenda in 
advance. If possible, the annotated agenda should contain the document reference of the reports by 
different Chairpersons of the Negotiating  Groups . This w ould be helpful for smaller delegations . The 
TNC should al so follow its mandate to facilitate negotiations. Ministers in Doha in 2001  had 
established the TNC under the authority of the General Council to supervise the overall conduct of 
the negotiations. The mandate for the TNC ha d been specified in document TN/C/M/1  and the TNC 
and its negotiating  groups  did not constitute a parallel or competing machinery to the existing WTO 
bodies. All negotiations should  therefore be reported to the G eneral Council . Negotiating procedures 
and structures should  be adopted by the G eneral Council . All informal and other consultations sh ould 
be open -ended, giving reasonable advance notice. Chairs of negotiating groups sh ould only submit 
negotiating texts through multilateral discussion. Facilitators should have greater limits.  The work 
under WTO Reform should  be organized on the basis of identified list of the "necessary reform items " 
and ensure that any reform should  not alter th e multilateral and intergovernmental character of the 
WTO. Bangladesh  urged Members to consider the LDC Group 's submission in JOB/GC/223/Rev.1 . All 
WTO bodies should priorit ize the development agenda. Development was not solely about technical 
assistance and capacity building. The provisions for special and differential treatment were an 
integral part of the WTO Agreements and should  be treated as suc h.  
4.58.  In Paragraph 4 of the MC12 Outcome Document, Ministers recognize d the importance and 
urgency of addressing the challenges and concerns regarding the dispute settlement system 
including the Appellate Body and commit ted to conduct discussions with the vi ew to having a fully 
and well -functioning dispute settlement system accessible to all Members by 2024. The commitment 
was clearly to conduct discussions. 127 Members , including Bangladesh,  were cosponsors of the 
submission WT/DSB/W/609/Rev.23  that request ed the DSB to make an effective decision to launch 
the selection process to fill in Appellate Body  vacancies . Without the Appellate Body, the dispute 
settlement  system was not fully functional. If Members  were truly respectful to the commitment by 
Ministers, they should  engage in discussions for the AB appointment as a top priority. Such 
discussions should  be conducted through multilateral processes. Process and substance were equally 
important. Suggestions and inputs from individual Member s or group of Members should be the basis 
of such discussions. Currently, Bangladesh  did not see any multilateral process on this important 
issue that ha d a clear 2024 target . The G eneral Council  Chairperson  could  guide Members as to  
when and how such a multilateral process could start. Th e LDCs'  voices should  be heard and 
accommodated in the decision -making process. Bangladesh was encouraged to see many 
delegations strongly articulating the imperative for early harvest of  the LDC graduation package.  
4.59.  The established rules should  guide the role and responsibility of the Secretariat. The WTO 
should remain a Member -driven organi zation. The staff should  help Members implement  the WTO's 
functioning in accordance with Article s III and VI of the Marrakesh Agreement. As emphasi zed in 
Rule 21 of the Staff Regulations and Rules under the Standards of Conduct contained in Annex B of 
WT/L/282 , "It is Members represented by governments that make up the WTO ". The involvement of 
the private sector should not alter the Member -driven character of the WTO . Paragraph 12 of the 
MC12 Outcome Document referred to other stakeholders that ha d responsibilities related to WTO. 
Article V of the Marrakesh Agreement  clearly define d the limit of the WTO's relations with other 
organizations – Intergovernmental Organizations ( IGOs) and Non-Governmental Organizations  
(NGOs ). Bangladesh  found no scope to involve private sector in the WTO's decision -making or 
negotiating functions. The WTO 's primary interface was with government representatives and 
officials based in Geneva missions including Members' respective  internal coordination and 
consultative frameworks. The Business and Civil Society Advisory Group could  be heard in informal TN/C/M/45  
 
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  settings like the WTO Publi c Forum to provide inputs to the Members, if so requested, to facilitate  
informed decision -making. Bangladesh look ed forward to working with Members on carrying out the 
work assigned by Ministers at MC12.  
4.60.  The representative of Cambodia  associated  with the statement by the LDC Group. Much 
remained to be done if Members  were to replicate the successes of MC12 at MC13 . Cambodia echoed 
the call to de-dramatize the Ministerial Conference and dramatize work in Geneva. T he reason why 
work in Geneva was not dramati c enough was because Members  did not have a lot of love  in the se 
processes . Members therefore  needed to bring more love to the Geneva work . Since the last TNC, 
Cambodia had  taken note of progress notably in the second wave of negotiation s on fisheries 
subsidies and the restarting of negotiation s on agriculture. Cambodia  appreciate d the openness of 
the fisheries and agriculture  meetings with the use of Interprefy for listening in a nd express ed its 
support for the same approach to be used as a general rule in all small group meetings – most 
especially for MC13 to make it transparent and inclusive. In addition, the dedicated sessions on E-
Commerce Work Programme ha d been moving smooth ly with all Members active ly participati ng. 
Cambodia  was encouraged by the interest of all Members in engaging on the development dimension 
of e-commerce and the sharing of information and best practices. For the LDCs, e -commerce and 
the digital economy re mained the next frontier and challenges such as hard and soft infrastructure, 
legal and regulatory framework, payment systems, digital literacy and many others would need to 
be addressed before the LDCs c ould leverage the opportunities of e -commerce for de velopment.  
4.61.  On implementing specific LDC issues from the MC12 outcomes, Cambodia  recognize d the 
progress in the discussion on the operationalization of the LDC Services Waiver such as the initiative 
to improve LDC services export data. Discussion had also  taken place on how to improve the 
simplification of the preferential rules of origin to allow better market access by LDCs. Some LDC 
issues were yet to be resolved as follow ups to MC12  which include d the annual review of DFQF 
market access and the smooth transition of graduating LDC Members . Cambodia sought the Director -
General's support  to achieve consensus  on the LDC graduation  proposal as early as possible. The 
workshops held under the auspice s of the C oA had been useful . Cambodia  support ed having further 
workshops to discuss other aspects of food security. Members should take concrete action to improve 
the functioning and long -term resilience of global markets by not imposing export prohibitions or 
restrictions and to ensure measures introduced to address food security minimize d trade distortions 
as much as possible in order to effectively respond to LDCs ' and NFIDCs ' concern. Cambodia 
regret ted that agreement could not be reached on Paragraph 8 of the MC12 TRIPS Decision to exten d 
its coverage to diagnostics and therapeutics by the original deadline. Cambodia had  taken note of 
the WHO  – WIPO  – WTO Joint Technical Symposium on the COVID -19 Pandemic  in December 2022 
which had emphasized the critical need for the extension of the scope of  the Decision. Cambodia  
looked forward to further discussion s on this issue. Cambodia  welcome d the proposals that ha d been 
submitted in various WTO bodies by different Members. This show ed the keen interest of all Members  
– developed, developing and LDCs a like – in having a strong, well -functioning and relevant WTO. 
Reforms ha d already been made in some Councils and Committees  to improv e the WTO's  monitoring 
and deliberative function s which had provided indications that reform by doing was working in a 
Member-driven , inclusive and consens ual manner. Cambodia  also stress ed the need to restore the 
two-tier dispute settlement system which was a critical pillar of the WTO and to achieve result s on 
dispute settlement reform by MC13.  
4.62.  The representative of Chinese Taipei  agree d with many Members that being focused, 
pragmatic and realistic was of high importance. This d id not suggest that Members should avoid 
difficult issues. In this regard, Australia 's suggestion of MC13 being a "Reform Ministerial " was an 
interesting idea. The least politically sensitive and most feasible area  of WTO Reform  was a possible 
reform on  the deliberative function on which there ha d already been some proposals tabled . A 
Ministerial Declaration or a Ministerial Decision on the improvement of  the WTO's deliberative 
function was a possible deliverable. Chinese Taipei thanked  the Guatemala -led info rmal discussions  
on dispute settlement reform  to which many Members ha d expressed their full support. Chinese 
Taipei was  impressed by the constructive approaches demonstrated by participants throughout these 
discussions. There w ould be some areas for Membe rs to harvest at MC13 with regard to improving 
the function of dispute settlement system, including the functioning of existing dispute settlement 
tools in the DSU of mediation, panel procedure and arbitration.  Chinese Taipei thank ed the  NGR 
Chair for leading productive discussions in the first fish week which had  marked a good point of 
departure for the second wave negotiation. The NGR Chair had  proposed innovative perspectives, 
including discussing the environmental, social, and economic dimensions  – which were useful.  
Empowering disadvantaged fishermen was an important part of an effective S&DT which c ould take TN/C/M/45  
 
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  these dimensions into account. The priority for Members was to complete the fisheries negotiation s 
as soon as possible. In the meantime,  Members c ould still have a meaningful mid -term harvest for 
fisheries subsidies negotiations prior to MC13, including adopting specific formula to assist the 
disadvantaged fishermen and to take stock of the progress of Members ' domestic ratification process 
or any early implementation of the Fisheries Subsides Agreement. Chinese Taipei likewise found  the 
thematic sessions organized by the CoA SS Chair useful  – particularly the  presentations from 
international organizations which  had shed light on the current situation. The experiences shared by 
Members help ed in understand ing the rationale behind domestic policies. As a net food importing 
Member, food security was of crucial importance. While Members w ould be working hard to enga ge 
in agriculture negotiations, Chinese Taipei  did not expect to complete a comprehensive agriculture 
agreement at MC13. Considering the difficult nature of agriculture negotiations and the time 
constraint, Members should  focus on food security issues. If Members could produce a declaration 
or a decision on wider perspectives of food security at MC13, it would be a big step for agriculture.  
Reaching consensus on the e-commerce moratorium to ensure a stable and predictable global digital 
trading environment was of high importance for the business community. Chinese Taipei  hoped that 
this w ould be an element in the MC13 Outcome Document.  
4.63.  The representative of Malaysi a echoed Members ' comments on the constructive working 
method for the Fish Week  – particular ly having plenary sessions and small groups meetings as t hey 
promote d transparency and inclusivity to facilitate meaningful engagement among Members. 
Malaysia likewise  thank ed the Secretariat for choosing Malaysia to host the Regional Workshop on 
Fisheries S ubsidies for  the Asian Region to be held in May . While  noting that Members ' positions 
remained  widely divided  in agriculture, Malaysia believed that they were on the right track and would 
be able to reach substantive outcomes at MC13. Malaysia  welcome d the agriculture seminars held 
during the Agriculture Week  and believe d that Members had benefitted from the m including in the 
experience sharing . Malaysia welc omed the continuation of this process and  looked forward to the 
Market Access and Export Restrictions Seminar in early May. Malaysia reiterate d its strong support 
for a fair, open and non -discriminatory rules -based multilateral trading system. A fully functioning  
two-tier dispute settlement system was fundamental to this organi zation and should  remain as the 
central pillar of this institution. Malaysia  welcome d the informal discussions on dispute settlement 
reform currently ongoing with a view to resolve this long outstanding issue. Malaysia  appreciate d 
the leadership of the CTD SS Chair in advancing S&DT discussions. The reform process should  
consider the development needs of developing and LDC Members, and S&DT should  continue to be 
an integral part of current and future WTO agreements. In addition, con tinuous engagements with 
other international organi zations such as the World Bank and UNCTAD could help address pressing 
development issues. Malaysia emphasi zed the importance of engagement in building trust as well 
as developing potential deliverables for  the MC13 . Malaysia would continue to contribute 
constructively to uphold ing the rule s-based multilateral trading system.  
4.64.  The representative of Viet Nam noted that, while there was significant progress in the 
implementation of MC12 outcome s, Members  work in the lead up to MC13 should be further 
accelerated , focused , pragmatic  and result s oriented. Viet Nam associated with the statement by 
the Article XII Members. The r estoration of a fully-functioning, binding, two -tier dispute settlement 
mechanism was Viet Nam 's utmost priority. Viet Nam reiterate d its support for the joint proposal of 
over 120 Members to launch the Appellate Body appointment process. The appointment process 
could be done in parallel with the DS Reform discussion. Viet Nam appreciate d the efforts and 
contributions of Mr. Marco Molina of Guatemala  in facilitating the informal discussions in this regard . 
Given the urgency of having concrete results towards the 2024 DS R eform deadline, Viet Nam  called 
on Members participating in the discussion to agree on a timeline for tabling a written proposal to 
the DSB or the G eneral Council as appropriate, preferably before the summer break so that Members 
had enough time to consult  and discuss in the formal mode to achieve consensus in preparation for 
MC13. Viet Nam  support ed having regular report of the DS Reform to the DSB to keep track and 
ensure timely progress. Viet Nam was  pleased to note t he momentum i n ratifying the Fisherie s 
Subsidies Agreement  after four Members ha d recently deposited their instruments of acceptance  
with many others about to conclud e their internal process  – including Viet Nam . Viet Nam  also 
support ed having deeper understanding of the challenges for comple ting negotiations of the 
remaining part of this agreement. Viet Nam support ed cutting down harmful subsidies with the 
crucial linkage to fisheries management scheme s and call ed for substantive text -based discussions 
so that by MC13, Members  could present to Ministers a significant outcome in this regard. The 
agriculture negotiation s were another area of focus that Viet Nam was pursuing with other like -
minded Members. While d ifferent Member s could  have different priorities and approaches , food 
security, sup ply chain resilience and dealing with modern challenges such as SPS -based and TN/C/M/45  
 
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  environmental -related measures require d immediat e, closer cooperation among Members. Viet Nam  
expect ed that by MC13, Members could  report to Ministers what  they had done to enhan ce 
cooperation in line with the MC12 mandates and clear outlines of next steps.  
4.65.  The representative of Jamaica  associated with  the statement by the ACP. Members should be 
focused, realistic and manage their expectations during the preparation for MC13. MC13  preparation 
should be guided by the objectives of strengthening the relevance of the WTO by finding consensus 
on durable trade and development solutions to current and emerging global issues, particularly as it 
relate d to, food security, global economic v olatility, SDGs implementation, the impact of climate 
change and natural disasters, global competitiveness and productivity challenges faced by 
developing and LDC Members , and the digital divide within and among Members  that hinder ed their 
ability to succe ssfully partake in the increasingly digital future. Jamaica s aw outcomes on agriculture, 
fisheries subsidies, e -commerce, LDC  graduation and WTO Reform, including progress in resolving 
the impasse over dispute settlement issues, as priorities for MC13. Jamaica re iterate d that 
development issues should be at the centre of reform  work.  Focus on capacity development to 
successfully adapt to the evolving global trade environment, structural transformation of industries, 
technical assistance and international co operation, special and differential treatment that include d 
exemptions and, where appropriate, adequate transition periods in respect of certain commitments, 
should  be a core part of the development agenda in WTO Reform. The informal meeting on reform 
focusing on development  earlier in the year  had been  instructive . Jamaica  await ed the way forward 
as it relate d to the outcome of these discussions. Similar dedicated meetings on other areas of 
reform would be opportune to ventilate Members ' ideas and issues a round these areas. Members 
should  also ensure that the WTO, within its mandate, play ed a role in global efforts to address the 
impacts of climate change and natural disasters. Jamaica would  welcome and participate  in activities 
to this end. Members should  however  be careful to ensure that their work d id not create nor 
legitimi ze barriers to market opportunities for developing and LDC  Member s which were disguised 
as environmental sustainability enhancement measures. Th e WTO should re-establish a fully 
functioning two -tier dispute settlement system by 2024. The informal process , facilitated by Mr. 
Marco Molina of Guatemala,  aimed at finding a solution to the impasse , should run its course, but 
there should  be a way in wh ich this process and DSB work reinforce d and mutually support ed each 
other in an appropriate way that f ound consensus among the  Membership. Jamaica  called for 
constructive engagement and collaborative efforts to address Members ' genuine sensitivities raise d 
in this regard. Jamaica  agree d with China that a pre -Ministerial mechanism of senior officials c ould 
be useful in reducing the pressure on Ministers to negotiate and agree on a long list of issues. 
Members could also hold  Ministerial Conferences over a t wo-week period wher e senior officials were 
brought in to de -dramati ze the Conference before the Ministers ' arrival for final approval towards 
the end of the second week. This was done by international organi zations such as the ILO and ITU.  
4.66.  Domestic support , SSM, PSH and Cotton  remained Jamaica's priorities in agriculture . Members 
should deliver agriculture outcomes  at MC13 that br oke the lack of consensus  on this area in 
Ministerial Conferences. In doing so, Members  had to focus on realism, accommodation to  each 
other's  sensitivities, and finding balance across the pillars. Small economies such as Jamaica should  
be accorded differentiated treatment in any outcome given that their agriculture and food systems 
were extremely vulnerable and underdeveloped, making it unfeasible for small economies to take 
on full commitments in any outcome on agriculture. Jamaica  welcome d the thematic seminars which  
could positively contribute to the discussions.  Jamaica  was approac hing the fisheries negotiations 
with an open mind, bearing in mind that the basis for work going forward was to be found in 
WT/MIN(22)/ W/20. Jamaica  reiterate d the need to preserve a de minimis  threshold for appropriate 
exceptions in any outcome for  the phase two  negotiations. The discussions on e-commerce had been 
rich. Members  had heard several ideas on the WTO's role in improving developing  and LDC Members' 
participation in digital trade. As Members  conclude d this first phase of their work, it w ould be 
important to start outlining the next phase leading up to the summer break. Members should focus 
on presenting a realistic package with  meaningful del iverables for the re -invigoration of the Work 
Programme on E lectronic C ommerce for endorsement at MC13.  Members  should also focus on 
resolving the specific issues that le d to Members ' sensitivities as it relate d to the renewal of the 
moratorium. Jamaica called on Chairs of Negotiating Groups and Facilitators to continue maintaining 
Member -driven, transparent and inclusive processes in their MC13 preparatory work, especially their 
collaboration in the scheduling of meetings to enhance full participation of smaller delegations. This 
was the best way to build trust and ownership of the p rocess  since all Members  had views  which 
should  be treated equitably. Jamaica st ood ready to work with other delegations in approaching 
work in the WTO in preparation for MC13.  TN/C/M/45  
 
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  4.67.  The representative of  the Russia n Federation  recall ed that the productive MC12 had been 
Members'  collective achievement and had been  possible because they had chose n to work together 
for the common good. If Members  wanted to repeat that success and reach consensus at MC13, 
they should prepare its results in a constructive, transparen t and inclusive manner. This c ould only 
be achieved if Members show ed a sustained determination to put behind the approaches that they 
had been applying. In particular, this concern ed attempts to politicize the WTO work, to exclude 
undesired delegations fr om the negotiatin g processes and to make decisions "behind closed doors ". 
Such conduct could  significantly increase the risk of failure of the Conference. The General Council 
Chairperson had reported, in the course of her consultations, all Members had exp ressed their 
adherence to transparency and inclusivity of the negotiati ng process. Unfortunately, those 
declarations d id not correspond to the actual behavio ur and practices of some Members. The Russia n 
Federation reiterate d that  the success of MC13 depend ed only on Members'  ability to reject those 
practices and remain faithful to the WTO values and principles.  
4.68.  The representative of Brunei Darussalam  was pleased with the organi zation of the Fish Week 
and Agriculture Week in an effort to start discussions among Members towards reaching meaningful 
outcomes by MC13 – in particular the open and transparent format on how the small group sessions 
had been conducted during the Fish Week  hoping  that this c ould be emulated in other small group 
discussions. Brunei Darussalam attach ed importance to implementing Ministerial mandates  and 
there were plenty on the table that were being worked on under various bodies and configurations. 
Members n eeded t o be pragmatic on what deliverables they could  achieve at MC13 since it was only 
less than a year away. This would allow Members to be more focused and targeted especially for 
small delegations. Brunei Darussalam's priorities for MC13 included  (i) the extension of  the E-
Commerce  Moratorium and the reinvigoration of the Work Programme , (ii) substantial progress of 
the second wave of fisheries subsidies negotiation  – sharing the goal of having the Agreement enter 
into force  by MC13 and working hard domestically to achieve this before  the end of 2023, (iii)  having 
a fully and well -functioned two -tiered dispute settlement system accessible to all by 2024  – 
supporting the ongoing informal discussions on dispute settlement reform and look ing forward to its  
formalization in due course , (iv)  an outcome on agriculture with the  food security  lens, and (v) 
effective and meaningful WTO Reform that was not onerous to small delegation s. While WTO Reform 
was an ongoing process, including gradual procedural improvements that were being made in the 
functioning and operation of WTO bodies,  Brunei Darussalam  still s aw clashes of meetings which 
hamper ed the participation of small missions on important issues. In that regard, Brunei Darussalam  
urged better organization of meetings  by avoiding clashes  as much as possible.  
4.69.  The representative of Hong Kong, China  stressed that r estoring a fully functioning dispute 
settlement system remain ed Hong Kong, China 's top prior ity. The dispute settlement system was a 
key pillar of the multilateral trading system as it guarantee d an avenue for enforcing the provisions 
and rules agreed by Members. Its absence cripple d the  WTO's normal functioning and was not 
conducive to making ne w trade rules. Hong Kong, China  support ed the early restoration of a binding, 
two-tiered dispute settlement system . Members should  be addressing the problems of the current 
system as they had identified  to further enhance its functioning, rather than overt urning the present 
system. Members  should respect the current system  which was part of the single  undertaking. The 
reformed dispute settlement system should continue to be rules -based instead of a return to the 
pre-1995 arrangements in which power dynamics  between parties played a larger role than the rules 
as the basis for trade relations. Members  were working against a tight schedule – "by 2024 " as set 
out in the MC12 Outcome Document. Hong Kong, China  welcome d the ongoing informal discussions 
to identify  solutions and note d the concerns expressed by some Members about the need to 
institutionali ze the process under the General Council or its subsidiary bodies early, which was 
necessary to provide legitimacy to the reform outcome and avoid opposition to it at a later date on 
procedural grounds. The credibility of the WTO was again at stake because the results of the first 
wave of fisheries  negotiations would be gone if the  second wave could not be successfully concluded . 
The Agreement on Fisheries Subsidies c ould not deliver its benefits until it c ame into force with at 
least two -thirds of Members accepting it. Hong Kong, China was actively preparing for implement ing 
the Agreem ent and e xpect ed to deposit its instrument of acceptance within th e year. Hong Kong, 
China would continue to engage actively and constructively in the second wave negotiations.   
4.70.  The representative of Mongolia  said that Mongolia was committed to working co nstructively 
with Members to fulfil the MC12 mandate on WTO Reform  with the main objective of ensur ing that 
the WTO was modernized and equipped to address current and future challenges. To achieve this 
goal, Members should adopt a development -oriented appr oach to WTO Reform  – with outcome s that 
provide d the necessary policy space to meet the needs of developing and LDC Members in their TN/C/M/45  
 
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  economic diversification and industrialization. Mongolia  emphasize d the importance of preserving 
the existing structure of S&DT as an integral part of WTO Agreements and was dedicated to engaging 
constructively in upcoming discussions to achieve tangible results at MC13. Mongolia  drew attention  
to the specific challenges faced by Landlocked Developing Countries  (LLDCs)  and call ed for their 
inclusion in the reform discussions. It was crucial that the concerns and needs of LLDCs were fully 
reflected in any reform agenda. Another essential aspect of WTO Reform was ensuring th e 
functioning of the dispute settlement system by 2024. Mongolia  urged all Members to collaborate in 
restoring the Appellate Body and  the two-tiered dispute settlement system. Mongolia  reiterate d its 
unwavering commitment to collaborating with all Members to achieve concrete results at MC13 that 
reflect ed the needs and concerns of all  Members, particularly the developing  Members  and LDC s, 
while safeguarding the multilateral trading system.  
4.71.  The representative of New Zealand  thought th at the  General Council Chairperson's  
suggestions for short -term milestones were helpful. The suggestion of a discussion on the 
deliberative function was also something that New Zealand  would support. New Zealand  support ed 
de-dramatizing Ministerial Conferences with steady progres s towards always keeping Members'  
longer -term objectives in mind rather than the high drama that they had  seen at MC12. New Zealand 
was not sure how much drama Members  needed to add to their day -to-day work in Geneva, but 
they needed to double down on the work between Ministerials in Geneva and in between Capitals. 
The Ministerial Conference provided  an indispensable opportunity for key stakeholders to gather and 
focus exclusively on key issues for global trade. To that other set of c ore stakeholder, the private 
sector, Members' daily work in Geneva was probably not a lot less important. There ha d been some 
good ideas put forward by Norway and other delegations about how  to shape the Ministerial 
Conference to be less combative and more  deliberative – and New Zealand looked forward to the 
paper that Australia w ould soon table on this subject.  Members  would need to be careful in 
deliberat ing in their preparations for meetings – and the guidance they needed to extract from 
Ministers to kee p working effectively on their longer term, forward agenda. At MC13, the key issues  
for New Zealand in terms of Ministerial guidance and endorsement include d the restoration of the 
full function of the dispute settlement system, agriculture trade reform an d the second phase of the 
fisheries subsidies negotiations. On agricultural reform, New Zealand  echoed the views expressed 
by Argentina about the centrality of agricultural trade reform to achieving food security for all 
Members as well as their parallel o bjectives on development more broadly, and climate change. 
What Members  advance d on food security should  also advance that longer -term agricultural trade 
reform agenda. New Zealand anticipate d ratifying phase one of the Fisheries Subsidies Agreement 
before  the European summer.  
4.72.  The representative of the United States  noted that, if dramatizing work  in Geneva  mean t that 
Members would  focus and work hard, then the United States could support that. On the "what", 
Members  knew what the agenda was and what the positions were. Ministers had set a lot of the 
agenda at MC12 and that by itself was a lot of work. The United States  had and would continue to 
focus on moving concrete issues forward  highlighting the n eed to figure out plotting an agenda an d 
identifying realistic outcomes. On the "how", Members  needed to spend less time getting hung up 
on procedural issues such as chair selection. Time spent – or wasted – on those issues was time 
Members  did not  have to address substance. The United States w as fine with  using facilitators . They 
could  be useful and helpful to move issues forward. If Members were under the impression that the 
United States had been  against the appointment by the General Council Chairperson  of a facilitator 
for the dispute settl ement conversations – they were mistaken. Good and substantive work was 
getting done in this space  and that was due to the engagement by many Members. Transparency – 
something many complained about under the process – was being provided. So , when the Unite d 
States  heard calls for the formalization or multilateralization of the process, it did not  know what 
that mean t. While clarifying myths, the United States  was in favo ur of having more frequent 
engagement with stakeholder s. It was helpful to this organiza tion.  Nobody was proposing that 
engaging would be ceding of decision -making authority to outside stakeholders. There were several 
proposals shared at the present meeting  from Swi tzerland , South Africa, Singapore, Canada, and 
others on how to change the way Members  worked between now and the Ministerial  and how to de -
dramatize. The United States was h appy to engage on how to move those things forward. One way 
to de -dramatize and avoid brin ksmanship was to do more at the General Council level. Members 
could  agree to things at the General Council and the United States was  open to early harvest where  
possible . Members  did not have to hold everything hostage and have things to trade at the end of 
the day. Th at was reform by doing. The transformation process was also part of the how and the 
United States looked forward to seeing concrete proposals and work. The United States was  happy 
to be the fourth Member to deposit its instrument of acce ptanc e to the Fisheries Subsidies Agreement  TN/C/M/45  
 
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  – a proof for those who doubt ed its commitment to WTO work . The United States  hoped many others 
would follow suit . 
4.73.  The representative of the Kingdom of Saudi Arabia , speaking on behalf of the Arab Group , 
noted that, w ith less than a year until MC13, it was important for the future of the multilateral 
trading system that the upcoming Ministerial Conference in Abu Dhabi be seen as a success. Success 
at MC13 would be another landmark to the multilateral trading system, re newing the confidence and 
trust in the WTO by the international community and spreading positivity into global efforts to tackle 
current challenges and revive the world economy. Success c ould be achieved if all Members 
approach ed MC13 with a broad view of what was good for the whole system rather than a narrow 
view of individual benefits. Although work ha d been moving forward at different speed s in different 
tracks, much remained to be done to replicate the success of MC12. The  Arab Group  urged Members 
to expedite action by fully engaging with each other to bridge the remaining gaps to ensure success 
and fruitful outcome at MC13. Reform in all WTO functions  should reaffirm the founding principles 
of the WTO and be open, transparent, inclusive and consider ev ery Member's concerns. Reform 
should also promote greater linkages between trade rules and development. Discussions on WTO 
Reform should focus, among other issues, on the current impasse of the Appellate Body, with a view 
to having a fully and well -functio ning dispute settlement system accessible to all Members by 2024.  
The Arab Group  was aware that there was  much work ahead of Members  to implement the 
Agreement  on Fisheries Subsidies , particularly the need for them to align their domestic policies, let 
alone domestic process for accepting  the Agreement . There was also urgency and need to conclude 
the second wave of fisheries subsidies negotiations successfully. The Arab Group had been  
encouraged by the productive week of negotiating meetings at the end of M arch, which ha d helped 
pave the way for deeper discussions on the best approaches for curbing subsidies that contribute d 
to overcapacity and overfishing. All Members had agreed that th e WTO should contribute in a tangible 
way to achieving  global food secur ity objectives. T hey needed to accord high attention to address 
the specific needs and circumstances of developing country Members, especially those of LDCs and 
NFIDCs . The Arab Group  stress ed the paramount importance of agriculture to their economies. While 
issues surrounding agriculture were not easy to reconcile , this should not deter Members from 
working closely with each other and striv ing for concrete outcomes at MC13.  The Arab Group  
commend ed Ministers'  commitment at MC12 to facilitate the conclusion of ongoing accessions, 
especially for LDCs in line with the General Council Guidelines on LDC Accessions, and to provide 
technical assistance, where appropriate, including in the post -accession phase. The Ar ab Group 
remain ed committed to continue working constructively towards meaningful outcomes for MC13 that 
would serve the interest of all Members.  
4.74.  The representative of Tunisia  associated with the statement made by the African Group and 
welcome d the Directo r-General's  efforts to raise awareness among Members, including through her 
visits to various capitals.  Tunisia  commend ed the efforts of the Committee Chairs to preserve the 
principles of inclusiveness, transparency and consensus in their respective proces ses and urge d them 
to continue to embrace this spirit throughout the negotiations. There was a need for coordination to 
avoid, to the extent possible, any conflicts in the planning of meetings and to ensure the participation 
of small delegations.  Tunisia  welcome d the approach taken by the Chair of the NGR on fisheries 
subsidies and of the  Facilitator of the  Work Programme  on Electronic Commerce, who ha d circulated 
thematic calendars in advance. Tunisia  hoped that this w ould be the practice for the rest of t he 
Committees, especially those dealing with priority themes for MC13.  Tunisia  also welcome d the 
thematic sessions on agriculture, food security, fisheries, reform and development.  Tunisia  
particularly appreciated the relevance of the input of the various specialized institutions to Members'  
discussions. Mapping the findings and recommendations of their respective studies on priority issues 
such as development, food security, fisheries subsidies and e -commerce w ould be of value to the 
WTO in informing its v ision and strategies for MC13 and beyond.  The General Council should set a 
deadline for the submission of new proposals for consideration by Ministers at MC13  to avoid a 
situation where  late proposals disrupt ed the negotiations without having any real chance of success.  
4.75.  Members should deliver tangible results on  food security at MC13  especially in favour of 
developing Members , NFIDCs  and LDCs covered by Paragraph 8 of the MC12 Declaration on Food 
Insecurity by p roviding short -term solutions and looking ahead to medium and long -term ones. 
Members  should refrain from trading this priority for any process of reform of the Agreement on 
Agriculture.  Tunisia  agree d with those  that ha d emphasized the centrality of the d evelopment 
dimension in all the outcomes of the forthcoming Conference. The issue of development should not 
be limited to negotiations in one or two specialized Committees. Rather, most of the Conference's 
decisions should be based on development  if Member s wanted to restore confidence and TN/C/M/45  
 
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  effectiveness in the multilateral trading system.  In this respect, Tunisia referred to the Director -
General's participation in the presentation  of the 30th Global Trade Alert (GTA) report entitled "Must 
Do Better: Trade and Industrial Policy and the SDGs", which dealt with the impact of trade policies 
on certain SDGs.  In particular, the report  had found that trade policies, particularly those of high -
income countries, ha d contributed little to sustainable development since  the 2030 Agenda had come 
into force in 2016. Worse still, the report indicate d that almost 30  percent  of these trade policies 
contribute d negatively to the SDGs.  If Members hope d to provide the Director -General  with some 
arguments and results to put forwa rd at similar events, as had been  the case at MC12 with the 
fisheries agreement, the WFP decision or the partial TRIPS agreement, Members  should push on 
with the positive momentum described by the CTD SS Chair  in her report at the present meeting . 
In this regard, t he G90 proposals and the African Group's proposal on industrialization remain ed 
good bases for discussion.  
4.76.  To avoid the stalemate that  had occurred at MC12 on the issue of overcapacity and 
overfishing, and to achieve a balanced and fair outcome based on the principle of Common But 
Differentiated Responsibility, Members  should first refocus the discussions on the WTO's mandate, 
which was to prohibit subsidies that undermine d sustainability and not to better manage 
sustainability. Members  should base their work on science and on reliable data from specialized 
bodies on the volume and nature of subsidies. The effort to provide data should be mad e by 
Members, but particularly by the Secretariat.  The June 2022 Fisheries Subsidies Agreement  would 
be one of the first projects to be examined by the new Tunisian parliament sworn in March.  On the 
response to future pandemics and the TRIPS Decision, the WTO should give thought to a flexible, 
clear and effective trigger mechanism in the event of a pandemic. The decision on the extension of 
the waiver to cover therapeutics and diagnostics remain ed an urgent matter for all African Group 
Members.  There was a need to set and prioritize the WTO Reform  agenda through an inclusive, 
flexible and coordinated approach. Tunisia's  priority was to strengthen the functioning of the 
multilateral trading system by operationalizing an inclusive dispute settlement system and  by 
correcting the imbalances in the current agreements, mainly in relation to agriculture and the 
development issues addressed in the G90 communication.  Members  should also be mindful not to 
over dramatize the discussions in Geneva, as they would run the risk of stalling or rushing. They 
should  instead be pragmatic, responsible and constructive, thus making life easier for Ministers.  
4.77.  The representative of India underscored the  need to have a clear roadmap on the deliverables 
for MC13 . Deliverables that would assist developing and LDC Members  in their recovery process and 
strengthen resilience amidst such multiple cris es grappling their economies should  be prioritized. 
India rec alled f our phrases from the Director -General's 5 April  communication : "difficult global 
context ", "we must do what we can ", "to respond to some of the challenges that people are currently 
grappling ", and  "de-dramatizing the Ministerial Conference ". One step to de -dramatize the 
Ministerial Conference would be to  agree on some of the things prior to the Ministerial itself . Members  
could use the mechanism of  the General Council to do that. In this regard, India  request ed that 
Members in good faith consider the proposal for Permanent Solution to public stockholding and the 
Ministerial Decision on TRIPS Waiver. After the Octobe r timeline , Members would  have opportunities 
for the General Council to meet. Therefore , the decision to exten d the MC12 TRIPS Decision  to 
therapeutics and diagnostics could be considered during that time . On the phrase "to respond to 
some of the challenges that people are currently grappling ", everyone was talking about food 
insecurity and the food inflation in respective economies. The permanent solution to PSH which ha d 
proven its utility during the most difficult , recent three-year period, either due to  the pandemic or 
the conflict, ha d shown that public stockholding ha d delivered what it was supposed to do not only 
for the food securi ty of Indian people, but thanks to the domestic production in India , it did not tap 
into the global food supply. India had not been  the culprit for higher food inflation in the global 
economy.  Members  could imagine the situation if India  had started tappin g the global food supply 
for its own use and purpose . It would then be difficult for LDCs and NFIDCs  to find their demand or 
requirement s from the global market.  
4.78.  A good starting point would be  JOB/AG/229  which was a joint proposal of  the Africa n Group, 
the ACP and the G33, representing more than 80 Members and two thirds of the global population. 
India thank ed the CoA  SS Chair for conducting the thematic sessions and the Director -General for  
briefly participating during some of the sessi ons on food security and domestic support. India also 
thanked the CoA SS Chair for respecting the  Nairobi Ministerial mandate and conducting the 
dedicated sessions of PSH. The presentations from the OECD , International Food Policy Research 
Institute  (IFPRI ) and FAO had been  revealing . These presentations by experts had brought out the 
facts on subsidies and had countered the narrative of what Members  generally hear d in Geneva. On TN/C/M/45  
 
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  agriculture domestic support reform, India had  reiterated its request regardin g reforming 
agriculture, with a good starting point to review the way external reference price  (ERP)  was 
calculated. India had requested the Secretariat to create a simulation using the current ERP which 
could be based on the available data for 2020, 2021 and 2022. If the data for 2022 was unavailable, 
Members could  use the data for 2019, 2020 or 2021 and then compare it with the historical ERP at 
1986,1987 and 1988 prices. It was difficult to digest, when Members  said that this organization 
should be fit -for-purpose and an organization  for the 21st century and yet they continued to  use 
some of the legacy terms such as the reference price. This meant that, in India,  to buy one quintal  
that was 100 kg of rice , one had to  pay USD 3 which  translated to  3 cents per kilogram  of rice. 
Similarly, to buy 100 kg of wheat , one needed to pay only  USD 4 dollars to the farmers . This meant 
that for every k ilogram  of wheat, India should pay 4 cents to their farmers. Therefore , it was not a 
theoretical debate that Members  had created an anomaly by fixing ERP at 1986 to 1988 price and 
telling the world that whatever was being paid, over and above that was agriculture subsidy and 
Members  should  reduce that subsidy.  
4.79.  The Appellate Body's res toration should be the top priority for the Membership. India was 
engaging actively in the ongoing technical level discussion in Geneva. These current informal 
discussions ha d a context and a background. They were the continuation in the third phase of the  
US-initiated and US -led informal discussions on DSU reform. The discussions in this phase were 
based on the list of 12 issues that the U nited States had  crystallized at the end of phase two. India 
had actively participated in the first two phases of this process and had expressed a strong 
preference to have the third phase of the process formalized and multilaterali zed under the 
leadership of the DSB Chair, with clear and transparent reporting to the Membership. In the interest 
of expediency and practicality, India had  accepted the continuation of an informal process. It had 
been understood that the informality of the process was at its core. It was this informality which  had 
enabled India to continue to participat e in a process which was not Member -driven nor consensus -
based in various aspects. India reiterate d that formal discussions under the mandate of Para graph  
4, under the guidance of the DSB Chair should be initiated as soon as possible. In the absence of a 
truly multilateral, Member -driven, and consensus -based process, India had concerns with attempts 
to give a formal character to the ongoing "informal discussions ". Such a move w ould have systemic 
implications across various WTO negotiating tracks. The legiti macy of the dispute resolution system 
was best ensured by adherence to the foundational principles. Changes should be incremental,  and 
consensus based. Reform should be aimed at enabling efficiency and independence, while enhancing 
the accountability and r esponsiveness of the system to stakeholders. India would  be concerned if 
there were fundamental changes to the DSB system, such as from an adju dicative, binding process 
at a standing Appellate Body to an optional, ad -hoc and limited review process.  
4.80.  India put on record its appreciation to the NGR Chair for conducting meetings with 
transparency. With greater transparency and participation in listening mode for Members who were 
not part of the small groups, all Members were able to know the position of each ot her and negotiate 
with them with better participation from the Capital. Since transparency in text -based negotiations 
was important, positions attributable to Members need ed to be clearly reflected in the future text 
for discussion. Whenever a new text would come  out, it should come with the name of the 
proponents . This would facilitate further discussion with such Members for achieving convergence. 
In these negotiations , S&DT should  be an integral part of the Agreement and principles of Polluter 
Pays and Common But Differentiated  Responsibilities with respect to capabilities ha d to be ingrained 
into the proposal. India likewise  welcome d the progress made i n the Work Programme on E -
Commerce  where high -quality discussions ha d taken place in the last three months. India was 
looking forward to the next  session which w ould address the scope and the definition of the 
moratorium. India ha d already put forth its views along with South Africa on this  topic and  urged 
the moratorium proponents to make submissions in this session to have a constructive discussion.  
4.81.  The renewed activity in the CTD  SS, by way of useful discussion on G90 submissions on 10 
agreement specific S&DT proposals, was encouraging. As mandated, Members should make sincere 
efforts to improve the application of S&D T and be able to report significant positive progress as per 
the mandate to the General Council before MC13. The CTD SS should  speed up structured formal as 
well as informal discussions, including small groups, workshops, and engagements with stakeholders 
like UNCTAD. Discussion on textual proposals should begin as soon as G90 submitted  them. As 
indicated , the first set of proposals would be on SPS and TBT. India urged all Members to engage 
constructively in  the CTD SS with the objectives of reaching a positive outcome on these proposals. 
Moving forward , Members  needed reinvigorated discussions on the development agenda. As part of 
WTO Reform, the two informal retreats particul arly, the one focused on development ha d been TN/C/M/45  
 
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  useful. Members had  heard during the previous retreat on development that the CTD should be 
designated as the focal point for discussion, as well as coordination of development -related issues. 
India had submitt ed a proposal in the last General Council for discussion and thank ed the delegations 
for sharing their views. India also thanked the General Council Chairperson for holding consultations 
with Members on the future work on WTO Reform.  India looked forward to closely engaging on the 
future work on WTO Reform including development and reiterate d its request made earlier that the 
statement by DDG Zhang in the plenary of one of the informal meetings be circulated. India  urged 
Members to focus on the ongoing discussions and negotiations and submit proposals so that they 
did not take up more agenda items than what could  be practical to handle in the coming months 
ahead of MC13. India remain ed constructi vely engaged in good faith with a view to delivering a 
successful MC13.  MC12 had been  for adding to the credibility of the WTO. Members should now 
work for MC13 so that they could  deliver on the needs of the people.  
4.82.  The representative of Pakistan  said tha t, if MC12 was characterized by Members ' efforts to 
save the fish, MC13 should be characterized by Members ' effort to save humanity from hunger, food 
insecurity and health crisis. In this regard, Pakistan saw  outcomes in agriculture, fisheries, 
discussions  on current and future pandemics and enabling tools of intellectual property for transfer 
of industrial and health related technology. As aptly alluded to by few Members, the world face d one 
calamity after the other, whether natural, man -made or a combinat ion of both, but little and delayed 
or no response from the WTO ha d been witnessed. The market d id not wait for the WTO  to respond 
to the ground realities and make fair and equitable rules and reform. It found its way through,  and 
the world was  already see ing that through unilateral measures taken by some Members in the name 
of environment, climate change and sustainability. The M embership  needed to realize that some 
Members were less capacitated, especially in financial terms to ride through the persistent global 
turbulences.  The global financial system was buckling under pressure, making SDGs and 
developmental targets even more difficult to achieve. The risk of failure of trading systems to deliver 
would not only be detrimental to the individual countries but to the global trading system. Members  
needed to act fast before things g ot out of hand for the WTO to decide. As political philosophers had 
said, the solution to the problems of democracy was more democracy . Few Members at the WTO 
saw the sam e with subsidies and this lopsided approach in this regard ha d done more harm than 
good, if historical records on agriculture, fisheries and industrialization were of any value. Members 
needed to see beyond subsidies to deliver for issues of global commons . Moving forward, Pakistan 
felt that development should remain at the heart of all reform debates as this route also ensure d 
meeting WTO objectives . 
4.83.  The representative of the Philippines  joined calls to reshape the TNC process to be more 
efficient and resu lts oriented. The Philippines  noted with appreciation the leadership demonstrated 
by the NGR and COA -SS Chairs in recently organizing focused discussions on key elements of work 
related to the second phase of the Fisheries Subsidies Agreement and a work pr ogram me for 
agriculture negotiations, which Members  aimed to deliver by MC13. The analytical assessments 
provided by delegations and external experts ha d provided Members  with a stronger foundation to 
consider fresh approaches to these complex and critical  issues that impact ed food security and 
sustainability. The Philippines  also commend ed Seychelles and the United States for recently 
submitting their domestic acceptance of the FSA. Members we re currently 300 plus days away from 
MC13 but when they return ed from the summer break, they would only have six months before 
gather ing in Abu Dhabi. The Philippines was  cognizant of the desire to de -dramatize the Ministerial 
Conference and Members should  utilize the next three months to lay the groundwork for product ive 
engagement in September, with a commitment of Members to engage with one another and avoid 
excessive pauses or delays in negotiations. To assist them in their work, the Philippines called for  
Members to submit textual proposals for MC13 outcomes with a  view to the issuance of a draft 
Chair's text around the General Council in July. Members had  taken strong steps in the "reform by 
doing " process and the General Council should  itself become more proactive in fulfilling its decision -
making role.  
4.84.  The Gener al Council should prioritize a decision on  LDC Graduation and favo urably consider 
the shift to a yearly Ministerial Conference, which w ould have an immediate impact on the future 
trajectory of work. The Philippines remain ed committed to the restoration of the two -tier dispute 
settlement system and call ed on Members to complete the informal discussions prior to the summer 
break to allow text -based discussions on a Ministerial Decision to begin post -haste. At MC13 , 
Members would  be celebrating the "pearl anni versary " of the establishment of the WTO. The pearl 
had long been associated with many virtues, foremost among which was wisdom based on practical 
experience. After thirty years of progress and struggle, the Membership should  reflect on how it TN/C/M/45  
 
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  could naviga te a course that remain ed true to the principles of Marrakesh and Doha while being 
responsive to the global realities of climate change and rapid technological upheaval. Members 
should not forget that the pearl industry itself ha d been similarly disrupted by innovation, with 
traditional pearl diving in the UAE, the Philippines, and other traditional producers giving way to 
cultured farming in the inter -war period of the 1930s. It was essential that Members  restore d the 
WTO's lustr e in the eyes of its stakeh olders and citizens and should  aim to produce a future -oriented 
Ministerial Declaration that demonstrate d its ability to pursue agile and flexible multilateralism that 
was able to address pressing concerns such as food security, e -commerce and digital trade, 
environmental sustainability, and development.  
4.85.  The representative of Kazakhstan  referred to Members' rich discussions on the priority issues 
to be addressed at the next Ministerial Conference. Members had  also heard views on how they 
should proceed. Members  could reduce the workload of their Ministers in Abu Dhabi  by addr essing 
the impasse of the Appellate Body and ensuring the fully functioning dispute settlement system by 
2024 and not wait until the Ministerial Conference. If Members conduc ted reform in a Member -
driven , open, transparent and inclusive manner placing development issues at the heart of the 
reform process and have regular reports to the General Council and then at the final General Council 
decide what would be the report to Min isters or what would be the decisions which w ould be 
submitt ed to them, that could also help  Ministers in Abu Dhabi to effectively deal with the issues at 
stake. If Members  could find  the right balance between domestic support and PSH and narrow the 
diverg encies on these issues which were top priorities for most of the m in the course of th e year, 
Members  could also do good service and not dramatize but make agriculture work in Geneva less 
boring. Kazakhstan also  propose d that the statements at the next TNC meeting should focus on 
Members'  contributions to the progress made on each of the issues which ha d clearly  been stated at 
the present meeting  as the priority issues for MC13 – including  fisheries phase 2 and the work 
programme on e -commerce, LDC graduation and TRIPS Waiver expansion , among other.  This would 
be welcomed . So, if Members  could follow up with their plans in order to make progress, th is would 
be interesting to listen to at the  next meetings . 
4.86.  The Chairperson  noted that a total of 44 delegations had interven ed in the discussions . This 
had been one of the best sessions of the TNC that she had listened to in the sense that people were 
engaged with the questions that had been  asked – and tried to make useful suggestions on the 
"what" and the "how" Members  should get to MC13. Listening carefully, there had been  so many 
good ideas that ha d been suggested on both substance and process.  Members all  knew what they 
wanted to do. There were many good ideas that she had heard on the "how" . Members should  try 
to harvest them. Some ha d said that they w ould be tabling more papers and concrete ideas. If they 
were serious, they could pull together these suggestions and work with them. What she was hearing 
was that everybody was prepared to do the work before the Ministerial Conference. Th is was the 
essence of de -dramatizing the Ministerial Conference by getting work done in Geneva . What 
Members  needed to figure out was, if they wanted to deliver this – having the Ministers use their 
time to look at what they had decided and to deliberate on som e other issues that were important 
for the time  – Members  needed to figure out a roadmap with milestones which  started now. They 
should  not wait until the summer  – but start to figure th is out now in the various Negotiating Groups. 
She again thank ed all Me mbers  because she thought it had been  a very constructive discussion.  She 
would  pull together what she had heard  and try to harvest these suggestions – and, together with 
the General Council Chairperson , help Members  make progress.  
4.87.  She likewise thanked Mem bers for their  participation  in the Secretariat's high -level vision and 
strategy process. She stress ed that the process was for the vision and strategy of the Secretariat, 
not of the organization . It was up to Members to do th e latter . What she was trying to do  was to 
find a way to guide the Secretariat forward. In th is regard, she had  sent a letter to all Members on 
10 March and at the last meeting on 28 February, ha d launched work to define a vision statement 
and strategic pillars for the future of the Secretariat. These efforts were supported by the 
Secretariat's Transformation Office, and s ought to engage the entire organization, leadership, staff, 
Members, and some  external experts who kn ew trade and the WTO well in a consultative process to 
inform the development of a high -level vision and strategic focus pillars for the Secretariat.  
Ambassador Dacio Castillo (Honduras ) had agreed to assist in collecting and report ing Members'  
input. To that end, he and the Transformation Office had held two Member Information Sessions, on 
28 March and 14 April, and he had invited all interested Members to attend consultations to provide 
their views. Ambassador Castillo's factual re port on the consultations he held had been  delivered at 
a Member's Information Session on Friday 14 April and was circulated as document WT/INF/234 . 
She thanked  Ambassador Castillo for his outreach to Members and Members for the useful input TN/C/M/45  
 
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  they had provided so far. She encourage d their continue d constructive engagement as they move d 
forward with this work.  
4.88.  Efforts ha d thus far focused on identifying relevant elements of the overall context within 
which the Secretariat operate d, including current and emerging trends affecting global trade and 
trade policy, new technologies, and the future of work, as well as the most relevant aspects of the 
Secretariat's existing mandate and strengths. Next, the input on these elements received from all 
sources would be used  to draft potential vision statements a nd strategic focus pillars for the 
Secretariat and then test ed across the Secretariat and with Members.  This part of the work  would 
begin  soon with an informal CBFA focus group meeting on Tuesday , 25 April. The Transformation 
Office w ould continue to engag e with Secretariat staff and leaders at all levels. Ambassador Castillo 
would hold another Member Information Session at the appropriate time, and another informal CBFA 
meeting could  also be convened. The CBFA Chair was thinking about this.  The target outc ome from 
this work was: (i) a concise vision statement for the Secretariat; (ii) identification of a limited number 
of key strategic pillars for the Secretariat; (iii) identification of key building blocks to support and 
enable realization of the overall v ision and strategic pillars; and (iv) ideas for next steps. She assured 
Members that  all of these w ould take into full account what was contained in the Marrakesh 
Agreement and all other papers that contain ed ideas for the work of the Secretariat. The aim was 
not to fully develop a strategy for the Secretariat during this six -week period. Further work w ould 
be needed to complete the strategy development p rocess after this initial phase. Additional work 
and additional time w ould then be needed to ensure that Secretariat operations and planning were 
aligned with strategy.  She had  also previously informed Members  that a director would join these 
efforts. She announce d that Mr. Willy Alfaro, Director of T rade Policies Review Division (TPRD) , had 
now been appointed as Director to lead the Secretariat's work on Vision and Strategy, effective 1 
May. He w ould be working closely with the Transformation Office to del iver this important aspect of 
reform. In this role, he w ould be using his skills and long experience at the WTO to help shape the 
ongoing work.  She would  be advertising internally for his replacement.  
4.89.  On the Business and Civil Society Advisory Groups, at t he outset, she agreed with  what 
Ambassador Maria Pagan (United States) had said about this issue. The interaction with business 
and civil society was not in any way intended to have business at the table making any decision with 
respect to the organization . It was to have an informed way of getting the views of business who 
were actually the ones who trade d in most of the countries. Most trade was not done by governments 
but by business. She had received many business delegations and associations from every  single 
WTO Member wanting to interact and give input. It was a good way to try to tap into some of the 
areas and issues. She underscore d that this was advisory to the Secretariat and to her – not for the 
whole organization.  She had  shared an Information N ote last month providing more detail on the 
process and purpose of the Business and Civil Society Advisory Groups. The Groups w ould provide 
an informal platform for business and civil society to share their inputs on relevant trade -related 
issues, facilita te mutual understanding and bring in diverse perspectives with a special focus on 
youth. She reiterate d that these groups w ould not be involved in any decision -making for the 
organization.  She also recall ed that the Business and Civil Society Advisory Grou ps would probably 
meet at least twice a year – and w ould be chaired by herself. Additional meetings could  be called, 
as appropriate. The Information and External Relations Division w ould organize and coordinate the 
operation and the meetings of the Groups. She would  be open to having anyone who wished  to 
observe how the group was working and participate in any of the meetings . She was  close to 
announcing the composition of both Groups . Ensuring geographical and sectoral diversity and gender 
balance was key. She aimed to have the first virtual meetings of the Groups in the second part of 
May or early June, depending on how soon they could put these Groups together. She would continue 
to use  this meeting to update Members  on relevant developments in relation to the Groups.  
4.90.  The Trade Negotiations Committee took note  of the statements.  
 
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